MPEP § 2905 — Where to File An International Design Application (Annotated Rules)

§2905 Where to File An International Design Application

USPTO MPEP version: BlueIron's Update: 2026-01-17

This page consolidates and annotates all enforceable requirements under MPEP § 2905, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Where to File An International Design Application

This section addresses Where to File An International Design Application. Contains: 1 prohibition, 2 permissions, and 3 other statements.

Key Rules

Topic

Article 19 Amendment Scope

2 rules
StatutoryProhibitedAlways
[mpep-2905-55b6860424cf00ba1ec48afd]
International Application Can Be Filed Directly Or Through Contracting Party's Office
Note:
The international application may be submitted either directly to the International Bureau or through the office of the applicant’s Contracting Party, subject to any declarations by a Contracting Party that prohibit indirect filing.
(1) [Direct or Indirect Filing]
  • (a) The international application may be filed, at the option of the applicant, either directly with the International Bureau or through the Office of the applicant's Contracting Party.
  • (b) Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify the Director General that international applications may not be filed through its Office.
Jump to MPEP SourceArticle 19 Amendment ScopePCT Article 19 AmendmentsPatent Cooperation Treaty
StatutoryPermittedAlways
[mpep-2905-bd5989f07b60aa51713329da]
Option to File Directly with International Bureau or Through National Office
Note:
The applicant may choose to file an international design application either directly with the International Bureau or through their national office.

(1) [Direct or Indirect Filing] (a) The international application may be filed, at the option of the applicant, either directly with the International Bureau or through the Office of the applicant's Contracting Party.

Jump to MPEP SourceArticle 19 Amendment ScopePCT Article 19 AmendmentsPatent Cooperation Treaty
Topic

Hague Agreement Overview

2 rules
StatutoryInformativeAlways
[mpep-2905-f3dbcebaa0c18526b9199cd6]
Indirect Filing Through Contracting Party Offices Permitted by Some Parties Only
Note:
The WIPO website lists which Contracting Parties allow international design applications to be filed indirectly through their offices.

Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.

Jump to MPEP SourceHague Agreement OverviewInternational Design Application FilingInternational Bureau Procedures
StatutoryInformativeAlways
[mpep-2905-da23d71984138aaef259b0e9]
Indirect Filing Through Contracting Party Office Permitted
Note:
Contracting Parties may permit international design applications to be filed indirectly through their office, but some may prohibit this method.

Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.

Jump to MPEP SourceHague Agreement OverviewInternational Bureau ProceduresInternational Design Applications
Topic

PTAB Contested Case Procedures

1 rules
StatutoryProhibitedAlways
[mpep-2905-3325cc30b51b05f7c6e7b9b8]
Contracting Party Can Prohibit Filing Through Its Office
Note:
A Contracting Party may notify the Director General that international applications cannot be filed through its office, overriding previous procedures.

(1) [Direct or Indirect Filing]

(b) Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify the Director General that international applications may not be filed through its Office.

Jump to MPEP SourcePTAB Contested Case ProceduresPCT International Application FilingPatent Cooperation Treaty
Topic

International Stage Fees

1 rules
StatutoryPermittedAlways
[mpep-2905-56f732a8871d1dbe4c9d5d20]
Transmittal Fee for Indirect Filing
Note:
The Office of any Contracting Party may require applicants to pay a transmittal fee when filing an international application through it.

(2) [Transmittal Fee in Case of Indirect Filing] The Office of any Contracting Party may require that the applicant pay a transmittal fee to it, for its own benefit, in respect of any international application filed through it.

Jump to MPEP SourceInternational Stage FeesPCT FeesPatent Cooperation Treaty
Topic

Hague Definitions

1 rules
StatutoryProhibitedAlways
[mpep-2905-0bc2028dd839d560a34d2d07]
Indirect Filing Through Contracting Party Office May Be Prohibited
Note:
An international design application can be filed directly with the International Bureau or indirectly through the applicant’s Contracting Party, but Contracting Parties may notify that indirect filing is not allowed.

Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.

Jump to MPEP SourceHague DefinitionsHague Agreement OverviewDesignation of United States
Topic

Patent Cooperation Treaty

1 rules
StatutoryInformativeAlways
[mpep-2905-5734bb922f6bf2ed2e83b3b0]
Indirect Filing Through Contracting Party Office Permitted Only Where Allowed
Note:
The rule states that while an international design application can be filed directly with the International Bureau or indirectly through a Contracting Party’s office, only certain offices allow indirect filing as notified to the International Bureau.

Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.

Jump to MPEP SourcePatent Cooperation TreatyHague DefinitionsHague Agreement Overview
Topic

International Design Application Filing

1 rules
StatutoryPermittedAlways
[mpep-2905-e6e9891c47d8e905d3606250]
Certain Offices Allow Indirect International Design Application Filing
Note:
Only certain Contracting Parties allow international design applications to be filed indirectly through their office, as per Article 4 of the Hague Agreement.

Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.

Jump to MPEP SourceInternational Design Application FilingPatent Cooperation TreatyHague Definitions
Topic

Applicant Eligibility

1 rules
StatutoryRequiredAlways
[mpep-2905-b45a562241cf8361f21a104f]
U.S. Applicant Can File Directly or Indirectly for International Design Application
Note:
If the applicant is a U.S. national or has a domicile, habitual residence, or real and effective industrial or commercial establishment in the U.S., they can file an international design application directly with the International Bureau or indirectly through the USPTO.

If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO. See MPEP § 2905.01 regarding filing indirectly through the USPTO. Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including allowing for direct entry of application data via the interface, thus eliminating the need to upload a separate application (DM/1) form; validation of the entered data in real time to minimize errors in the application submission; automatic calculation of fees due and determination of appropriate annexes; quicker examination by the International Bureau, which may be important for applicants desiring immediate publication or a certified copy of the international design application for priority purposes quickly; allowing applicants to use eHague to reply to subsequent WIPO communications concerning that application when applicant has used eHague to file the international design application; avoidance of the transmittal fee required by the USPTO for indirectly filed applications; and allowing for reuse of data from previous applications. For further information regarding eHague, see WIPO’s website at https://hague.wipo.int/.

Jump to MPEP SourceApplicant EligibilityMandatory Application ElementsForeign Priority for International Designs
Topic

Mandatory Application Elements

1 rules
StatutoryRequiredAlways
[mpep-2905-381602a1adfbe3d24176b602]
E-Hague Filing for International Design Applications Is Required
Note:
The rule requires that international design applications be filed directly with the International Bureau through WIPO’s e-filing interface (eHague) for applicants who are nationals of the United States or have a connection to the country.

If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO. See MPEP § 2905.01 regarding filing indirectly through the USPTO. Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including allowing for direct entry of application data via the interface, thus eliminating the need to upload a separate application (DM/1) form; validation of the entered data in real time to minimize errors in the application submission; automatic calculation of fees due and determination of appropriate annexes; quicker examination by the International Bureau, which may be important for applicants desiring immediate publication or a certified copy of the international design application for priority purposes quickly; allowing applicants to use eHague to reply to subsequent WIPO communications concerning that application when applicant has used eHague to file the international design application; avoidance of the transmittal fee required by the USPTO for indirectly filed applications; and allowing for reuse of data from previous applications. For further information regarding eHague, see WIPO’s website at https://hague.wipo.int/.

Jump to MPEP SourceMandatory Application ElementsForeign Priority for International DesignsResponse to Refusal
Topic

International Design Application Requirements

1 rules
StatutoryInformativeAlways
[mpep-2905-de3ca8bc302fa19455a0a623]
eHague for International Design Applications
Note:
Provides details on using WIPO’s e-filing interface (eHague) for filing international design applications directly with the International Bureau.

If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO. See MPEP § 2905.01 regarding filing indirectly through the USPTO. Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including allowing for direct entry of application data via the interface, thus eliminating the need to upload a separate application (DM/1) form; validation of the entered data in real time to minimize errors in the application submission; automatic calculation of fees due and determination of appropriate annexes; quicker examination by the International Bureau, which may be important for applicants desiring immediate publication or a certified copy of the international design application for priority purposes quickly; allowing applicants to use eHague to reply to subsequent WIPO communications concerning that application when applicant has used eHague to file the international design application; avoidance of the transmittal fee required by the USPTO for indirectly filed applications; and allowing for reuse of data from previous applications. For further information regarding eHague, see WIPO’s website at https://hague.wipo.int/.

Jump to MPEP SourceInternational Design Application RequirementsInternational Bureau ProceduresInternational Design Applications

Citations

Primary topicCitation
Applicant Eligibility
International Design Application Requirements
Mandatory Application Elements
MPEP § 2905.01

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-17