What is the effective filing date for benefit claims under 35 U.S.C. 386(c) in AIA applications?
For determining the effective filing date under AIA 35 U.S.C. 100(i)(1)(B) with regard to a benefit claim under 35 U.S.C. 386(c) to a prior-filed international design application designating the United States, the U.S. filing date of the international design application should be used, rather than the international filing date, if they are different. The MPEP…
Read MoreWhat is the effect of not sending a notification of refusal within the prescribed period?
According to MPEP 2950, the failure to send a notification of refusal within the period referenced in 37 CFR 1.1062(b) does not automatically confer patent rights or have any other effect under Article 14(2) of the Hague Agreement. The MPEP states: “The Office does not regard the failure to send a notification of refusal within…
Read MoreWhat is the effect of conversion on the international design application?
The effect of conversion on an international design application depends on the timing of the conversion decision: If the conversion is granted before transmittal to the International Bureau: The application is fully converted to a U.S. design application It will not be processed as an international application If the conversion is granted after transmittal to…
Read MoreWho is subject to the duty of disclosure in international design applications?
According to MPEP 2920.05(f), the individuals subject to the duty of disclosure in international design applications designating the United States are defined in 37 CFR 1.56(c) as: Each inventor named in the application Each attorney or agent who prepares or prosecutes the application Every other person who is substantively involved in the preparation or prosecution…
Read MoreWhat is the duty of disclosure in international design applications designating the United States?
The duty of disclosure in international design applications designating the United States is similar to that of domestic national applications. According to MPEP 2920.05(f), “the duty to disclose information material to patentability as defined in 37 CFR 1.56 is placed on individuals associated with the filing and prosecution of an international design application designating the…
Read MoreHow are drawing corrections handled in international design applications designating the US?
How are drawing corrections handled in international design applications designating the US? Drawing corrections in international design applications designating the United States are handled according to specific procedures outlined in the MPEP 2920: “Where an international design application designating the United States contains a voluntary correction to the drawings, the voluntary correction will generally be…
Read MoreWhat documents are required to correct inventorship in an international design application?
To correct inventorship in an international design application, the following documents are typically required: A request to correct inventorship under 37 CFR 1.48(a) A signed Application Data Sheet (ADS) with the correct inventor information Payment of the required processing fee The MPEP 2920.01 specifies: “A request to correct or change the inventorship under 37 CFR…
Read MoreCan I use a different correspondence address for USPTO communications than the one on my DM/1 form?
Yes, you can specify a different correspondence address for USPTO communications than the one on your DM/1 form for an international design application. The MPEP 2912 states: “Applicants may specify a different address than specified on the DM/1 form for the purpose of correspondence sent by the USPTO as an office of indirect filing.“ This…
Read MoreHow is the date of International Registration determined?
The date of International Registration is determined according to Article 10(2) of the Hague Agreement, as explained in MPEP 2907: “Pursuant to Article 10(2), the date of international registration will be the international filing date (see MPEP § 2906) unless there is an applicable requirement under Hague Agreement Article 5(2) that has not been satisfied,…
Read MoreHow long is the term of a design patent in the United States?
According to MPEP 2950, design patents in the United States are granted for a term of 15 years from the date of grant. This is explicitly stated in 35 U.S.C. 173: “Patents for designs shall be granted for the term of 15 years from the date of grant.” This represents an extension from the previous…
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