Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2900 – International Design Applications (2)
The concept of a “real and effective industrial or commercial establishment” is mentioned in MPEP 2904 as one of the criteria for eligibility to file an international design application. The MPEP states:
“Any person that … has a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.”
While the MPEP doesn’t provide a specific definition, this generally refers to a genuine and active business presence in a Contracting Party’s territory. Factors that might be considered include:
- Physical business location
- Ongoing business activities
- Employees or staff
- Commercial transactions
- Manufacturing or production facilities
It’s important to note that this is distinct from a mere postal address or nominal office. The establishment should demonstrate a real connection to the Contracting Party’s territory.
To learn more:
The timeline for submitting an Information Disclosure Statement (IDS) in an international design application designating the United States is outlined in MPEP 2920.05(f):
- At filing: An applicant may submit an IDS using Annex III to the official application form (DM/1 form) when filing the international design application.
- Preferred timing: “The Office would prefer to receive the IDS from the applicant after publication of the international registration.”
- Three-month window: According to 37 CFR 1.97(b)(5), “the IDS will be considered by the Office if filed by the applicant within three months of the date of publication of the international registration under Hague Agreement Article 10(3).”
- Later submissions: “The Office may also consider an IDS filed after this three month period as provided in 37 CFR 1.97.”
It’s important to note that while the USPTO will accept IDS submissions at various stages, submitting within the three-month window after publication ensures consideration without additional requirements. For IDS submissions outside this window, applicants should consult 37 CFR 1.97 for specific requirements and potential fees.
To learn more:
MPEP 2904 – Who May File An International Design Application (1)
The concept of a “real and effective industrial or commercial establishment” is mentioned in MPEP 2904 as one of the criteria for eligibility to file an international design application. The MPEP states:
“Any person that … has a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.”
While the MPEP doesn’t provide a specific definition, this generally refers to a genuine and active business presence in a Contracting Party’s territory. Factors that might be considered include:
- Physical business location
- Ongoing business activities
- Employees or staff
- Commercial transactions
- Manufacturing or production facilities
It’s important to note that this is distinct from a mere postal address or nominal office. The establishment should demonstrate a real connection to the Contracting Party’s territory.
To learn more:
MPEP 2920.05(F) – Information Disclosure Statement In An International Design Application Designating The United States (1)
The timeline for submitting an Information Disclosure Statement (IDS) in an international design application designating the United States is outlined in MPEP 2920.05(f):
- At filing: An applicant may submit an IDS using Annex III to the official application form (DM/1 form) when filing the international design application.
- Preferred timing: “The Office would prefer to receive the IDS from the applicant after publication of the international registration.”
- Three-month window: According to 37 CFR 1.97(b)(5), “the IDS will be considered by the Office if filed by the applicant within three months of the date of publication of the international registration under Hague Agreement Article 10(3).”
- Later submissions: “The Office may also consider an IDS filed after this three month period as provided in 37 CFR 1.97.”
It’s important to note that while the USPTO will accept IDS submissions at various stages, submitting within the three-month window after publication ensures consideration without additional requirements. For IDS submissions outside this window, applicants should consult 37 CFR 1.97 for specific requirements and potential fees.
To learn more:
Patent Law (2)
The concept of a “real and effective industrial or commercial establishment” is mentioned in MPEP 2904 as one of the criteria for eligibility to file an international design application. The MPEP states:
“Any person that … has a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.”
While the MPEP doesn’t provide a specific definition, this generally refers to a genuine and active business presence in a Contracting Party’s territory. Factors that might be considered include:
- Physical business location
- Ongoing business activities
- Employees or staff
- Commercial transactions
- Manufacturing or production facilities
It’s important to note that this is distinct from a mere postal address or nominal office. The establishment should demonstrate a real connection to the Contracting Party’s territory.
To learn more:
The timeline for submitting an Information Disclosure Statement (IDS) in an international design application designating the United States is outlined in MPEP 2920.05(f):
- At filing: An applicant may submit an IDS using Annex III to the official application form (DM/1 form) when filing the international design application.
- Preferred timing: “The Office would prefer to receive the IDS from the applicant after publication of the international registration.”
- Three-month window: According to 37 CFR 1.97(b)(5), “the IDS will be considered by the Office if filed by the applicant within three months of the date of publication of the international registration under Hague Agreement Article 10(3).”
- Later submissions: “The Office may also consider an IDS filed after this three month period as provided in 37 CFR 1.97.”
It’s important to note that while the USPTO will accept IDS submissions at various stages, submitting within the three-month window after publication ensures consideration without additional requirements. For IDS submissions outside this window, applicants should consult 37 CFR 1.97 for specific requirements and potential fees.
To learn more:
Patent Procedure (2)
The concept of a “real and effective industrial or commercial establishment” is mentioned in MPEP 2904 as one of the criteria for eligibility to file an international design application. The MPEP states:
“Any person that … has a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.”
While the MPEP doesn’t provide a specific definition, this generally refers to a genuine and active business presence in a Contracting Party’s territory. Factors that might be considered include:
- Physical business location
- Ongoing business activities
- Employees or staff
- Commercial transactions
- Manufacturing or production facilities
It’s important to note that this is distinct from a mere postal address or nominal office. The establishment should demonstrate a real connection to the Contracting Party’s territory.
To learn more:
The timeline for submitting an Information Disclosure Statement (IDS) in an international design application designating the United States is outlined in MPEP 2920.05(f):
- At filing: An applicant may submit an IDS using Annex III to the official application form (DM/1 form) when filing the international design application.
- Preferred timing: “The Office would prefer to receive the IDS from the applicant after publication of the international registration.”
- Three-month window: According to 37 CFR 1.97(b)(5), “the IDS will be considered by the Office if filed by the applicant within three months of the date of publication of the international registration under Hague Agreement Article 10(3).”
- Later submissions: “The Office may also consider an IDS filed after this three month period as provided in 37 CFR 1.97.”
It’s important to note that while the USPTO will accept IDS submissions at various stages, submitting within the three-month window after publication ensures consideration without additional requirements. For IDS submissions outside this window, applicants should consult 37 CFR 1.97 for specific requirements and potential fees.
To learn more: