How does the USPTO handle partial changes in ownership recorded in the International Register?
The USPTO has specific rules regarding partial changes in ownership recorded in the International Register. According to MPEP 2930 and 37 CFR 1.1065(b): “A recording of a partial change in ownership in the International Register pursuant to Rule 21(7) concerning a transfer of less than all designs shall not have effect in the United States.”…
Read MoreWhat types of corrections can be made to the International Register?
The International Bureau can make corrections to the International Register under Hague Rule 22. These corrections can be made: Ex officio (on their own initiative) At the request of the holder As stated in MPEP 2930: “Where the International Bureau, acting ex officio or at the request of the holder, considers that there is an…
Read MoreHow does a renunciation of an international registration affect a pending U.S. application?
A renunciation of an international registration with respect to the United States has significant consequences for a pending nonprovisional international design application. According to MPEP 2930: “A renunciation of the international registration with respect to the designation of the United States pursuant to Article 16(1)(iv) will result in termination of a pending nonprovisional international design…
Read MoreWhat is the process for refusing the effects of a correction in the International Register?
What is the process for refusing the effects of a correction in the International Register? The process for refusing the effects of a correction in the International Register is as follows: The International Bureau (IB) notifies designated Contracting Parties of any correction to the International Register. Designated offices have the right to declare that they…
Read MoreHow is a change in ownership recorded in the International Register?
How is a change in ownership recorded in the International Register? Recording a change in ownership in the International Register involves the following steps: The request can be submitted either through the Office of the Contracting Party of the holder or directly to the International Bureau (IB). The request must be made on the official…
Read MoreHow are corrections handled in pending nonprovisional international design applications?
The USPTO handles corrections in pending nonprovisional international design applications on a case-by-case basis. According to MPEP 2930: “The effects of any correction in the International Register by the International Bureau pursuant to Rule 22 in a pending nonprovisional international design application shall be decided by the Office in accordance with the merits of each…
Read MoreHow are corrections handled for issued U.S. patents from international design applications?
For U.S. patents issued from international design applications, corrections are handled according to U.S. patent law, not the Hague Agreement procedures. As stated in MPEP 2930: “A patent issuing from an international design application may only be corrected in accordance with the provisions of title 35, United States Code, for correcting patents.” This means that…
Read MoreHow are corrections to the International Register handled?
How are corrections to the International Register handled? Corrections to the International Register are handled as follows: The International Bureau (IB) may correct any error in the International Register. Corrections may be made ex officio or at the request of the holder. The IB notifies the holder and the offices of designated Contracting Parties of…
Read MoreHow are corrections handled for abandoned nonprovisional international design applications?
For abandoned nonprovisional international design applications, corrections are generally not acted upon by the USPTO. As stated in MPEP 2930: “Corrections under Rule 22 received in abandoned applications will generally not be acted upon by the Office and will not be given effect unless otherwise indicated by the Office.” This means that once an application…
Read MoreCan a designated Contracting Party refuse the effects of a correction?
Yes, a designated Contracting Party can refuse the effects of a correction made to the International Register. According to MPEP 2930: “The Office of any designated Contracting Party shall have the right to declare in a notification to the International Bureau that it refuses to recognize the effects of the correction. Rules 18 to 19…
Read More