37 CFR § 1.1031 — International design application (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.1031 International design application
This page consolidates MPEP guidance interpreting 37 CFR § 1.1031, including 77 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
This section covers the fees associated with filing international design applications through the Office as an office of indirect filing, specifically focusing on the required transmittal fee.
What this section covers
- This section covers the fees associated with filing international design applications through the Office as an office of indirect filing.
Key obligations
- Practitioners must pay a transmittal fee when filing international design applications through the Office as an office of indirect filing.
- The fee amount is subject to change and should be verified at the time of filing.
Practice notes
- Practitioners should ensure the correct fee amount is paid, as incorrect payments may result in delays or rejection of the application.
- Practitioners should keep records of fee payment for future reference and audits.
Official MPEP § 1.1031 — International design application
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.1031 International design application fees.
- (a) International design applications filed
through the Office as an office of indirect filing are subject to
payment of a transmittal fee (
35
U.S.C. 382(b)
and Article 4(2)) in the amount
of :
-
By a micro entity (§ 1.29)……$24.00
-
By a small entity (§ 1.27(a)) ……48.00
-
By other than a small or micro entity……120.00
TABLE 1 TO PARAGRAPH (a)
-
- (b) The Schedule of Fees annexed to the Regulations (Rule 27(1)), a list of individual designation fee amounts, and a fee calculator may be viewed on the Web site of the World Intellectual Property Organization, currently available at http://www.wipo.int/hague .
- (c) The following fees required by the
International Bureau may be paid either directly to the
International Bureau or through the Office as an office of indirect
filing in the amounts specified on the World Intellectual Property
Organization Web site described in paragraph (b) of this
section:
- (1) International application fees (Rule 12(1)); and
- (2) Fee for descriptions exceeding 100 words (Rule 11(2)).
- (d) The fees referred to in paragraph (c) of
this section may be paid as follows:
- (1) Directly to the International Bureau in Swiss currency (see Administrative Instruction 801); or
- (2) Through the Office as an office of indirect filing, provided such fees are paid no later than the date of payment of the transmittal fee required under paragraph (a) of this section. Any payment through the Office must be in U.S. dollars. Applicants paying the fees in paragraph (c) of this section through the Office may be subject to a requirement by the International Bureau to pay additional amounts where the conversion from U.S. dollars to Swiss currency results in the International Bureau receiving less than the prescribed amounts.
- (e) Payment of the fees referred to in Article 17 and Rule 24 for renewing an international registration (“renewal fees”) is not required to maintain a U.S. patent issuing on an international design application in force. Renewal fees, if required, must be submitted directly to the International Bureau. Any renewal fee submitted to the Office will not be transmitted to the International Bureau.
- (f) The designation fee for the United
States shall consist of:
- (1) A first part established in Swiss currency pursuant to Hague Rule 28 based on the combined amounts of the basic filing fee (§ 1.16(b) ), search fee (§ 1.16(l) ), and examination fee (§ 1.16(p) ) for a design application. The first part is payable at the time of filing the international design application; and
- (2) A second part (issue fee) as provided in § 1.18(b) . The second part is payable within the period specified in a notice of allowance (§ 1.311 ).
[Added, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015; para. (a) revised and para. (f) added, 82 FR 52780, Nov. 14, 2017, effective Jan. 16, 2018; revised table in para. (a), 88 FR 17147, Mar. 22, 2023, effective Mar. 22, 2023]
- Design Patents
- Design Priority Benefit
- Design Term
- Entity Status
- Micro Entity
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- Ex Parte Reexamination
- Reexamination Request
- Fees
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- Ida Filing
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- Ida Grant
- Ida Requirements
- Ida Applicant
- Ida Contents
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- Ida Title Description
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- Pct Fees
- Pct International Search
| MPEP Section | Rules |
|---|---|
| MPEP § 2905.01 | |
| MPEP § 2910 | |
| MPEP § 2950 | |
| MPEP § 502.05 | |
| MPEP § 509.01 | |
| MPEP § 509.03 | |
| MPEP § 607 |