37 CFR § 1.1045 — Procedures for transmittal of (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.1045 Procedures for transmittal of
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.1045, including 40 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 outlines the procedures for filing international design applications through the United States Patent and Trademark Office (USPTO) as an office of indirect filing, emphasizing eligibility based on nationality or establishment within the U.S.
What this section covers
- Defines filing procedures through the USPTO as an office of indirect filing for international design applications.
Key obligations
- Only nationals of the United States or entities with a real and effective industrial or commercial establishment in the U.S. are eligible to file international design applications through the USPTO.
- Applicants must ensure they meet the nationality or establishment requirements before filing through the USPTO.
- Compliance with USC and CFR regulations is required for filing through the USPTO as an office of indirect filing.
Practice notes
- Verify the nationality or establishment status of clients before filing international design applications through the USPTO.
- Filing without meeting the nationality or establishment requirements could lead to rejection of the application.
Official MPEP § 1.1045 — Procedures for transmittal of
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.1045 Procedures for transmittal of international design application to the International Bureau.
- (a) Subject to paragraph (b) of this section and payment of the transmittal fee set forth in § 1.1031(a) , transmittal of the international design application to the International Bureau shall be made by the Office as provided by Rule 13(1). At the same time as it transmits the international design application to the International Bureau, the Office shall notify the International Bureau of the date on which it received the application. The Office shall also notify the applicant of the date on which it received the application and of the transmittal of the international design application to the International Bureau.
- (b) No copy of an international design application may be transmitted to the International Bureau, a foreign designated office, or other foreign authority by the Office or the applicant, unless the applicable requirements of part 5 of this chapter have been satisfied.
- (c) Once transmittal of the international design application has been effected under paragraph (a) of this section, except for matters properly before the United States Patent and Trademark Office as an office of indirect filing or as a designated office, all further correspondence concerning the application should be sent directly to the International Bureau. The United States Patent and Trademark Office will generally not forward communications to the International Bureau received after transmittal of the application to the International Bureau. Any reply to an invitation sent to the applicant by the International Bureau must be filed directly with the International Bureau, and not with the Office, to avoid abandonment or other loss of rights under Article 8.
[Added, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
- Application Types
- App Types Provisional
- Design Patents
- Design Priority Benefit
- Director Authority
- Petition Procedures
- Petition Filing
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- Ida Filing
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- Ida Applicant
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- Ida Contents
- International Bureau
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| MPEP Section | Rules |
|---|---|
| MPEP § 2905.01 | |
| MPEP § 2910 | |
| MPEP § 2914 | |
| MPEP § 502.05 |