35 U.S.C. § 389 — Examination of international design (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 389 Examination of international design
Source: Patent Statute (35 U.S.C.)BlueIron Update:
This page consolidates MPEP guidance interpreting 35 U.S.C. § 389, including 32 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The Examination of international design is conducted by the USPTO based on published international registrations, adhering to specific Hague Agreement principles and requirements.
What this section covers
- This section covers examination procedures for international design applications under 35 U.S.C. 389.
Key obligations
- Practitioners must ensure the international design application meets all mandatory elements as defined in the Hague Agreement.
- Practitioners must provide a proper title for the international design application as per USPTO requirements.
- Practitioners must comply with the examination procedures as outlined in 35 U.S.C. 389.
Practice notes
- Ensure the international design application includes all mandatory elements as required by the Hague Agreement.
- Be aware of potential delays if the title format does not comply with USPTO requirements.
Official MPEP § 389 — Examination of international design
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 389 Examination of international design application.
- (a) IN GENERAL.—The Director shall cause an examination to be made pursuant to this title of an international design application designating the United States.
- (b) APPLICABILITY OF CHAPTER 16.—All questions of substance and, unless otherwise required by the treaty and Regulations, procedures regarding an international design application designating the United States shall be determined as in the case of applications filed under chapter 16.
- (c) FEES.—The Director may prescribe fees for filing international design applications, for designating the United States, and for any other processing, services, or materials relating to international design applications, and may provide for later payment of such fees, including surcharges for later submission of fees.
- (d) ISSUANCE OF PATENT.—The Director may issue a patent based on an international design application designating the United States, in accordance with the provisions of this title. Such patent shall have the force and effect of a patent issued on an application filed under chapter 16.
(Added Dec. 18, 2012, Public Law 112-211, sec. 101(a) (effective May 13, 2015), 126 Stat. 1530.)
- Design Patents
- Design Double Patenting
- Duty Of Disclosure
- Disclosure Basics
- Ids
- Examination Procedure
- Examiner Action
- Action Types
- International Design
- Hague Principles
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- Ida Filing
- Ida Requirements
- Ida Contents
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- Ida Title Description
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| MPEP Section | Rules |
|---|---|
| MPEP § 1501 | |
| MPEP § 2901 | |
| MPEP § 2920 | |
| MPEP § 2920.05 | |
| MPEP § 2920.05(c) | |
| MPEP § 2920.05(f) | |
| MPEP § 2950 |