Who is eligible to file an international design application?
According to MPEP 2904, eligibility to file an international design application is determined by Article 3 of the Hague Agreement. An individual is eligible if they meet one of the following criteria: A national of a Contracting Party A national of a State that is a member of an intergovernmental organization that is a Contracting…
Read MoreWhere can I file an international design application?
According to MPEP 2905, an international design application can be filed in two ways: Directly with the International Bureau Indirectly through the office of the applicant’s Contracting Party (if allowed) The MPEP states: “Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or…
Read MoreHow does the USPTO process international design applications designating the United States?
The United States Patent and Trademark Office (USPTO) processes international design applications designating the United States as follows: The USPTO examines the application according to U.S. law, as stated in 35 U.S.C. 389(a). No additional submissions are required from the applicant to initiate examination. Published international design registrations designating the U.S. are automatically received from…
Read MoreHow does examination work for international design applications designating the United States?
The examination process for international design applications designating the United States involves several steps: Receipt and Examination: The USPTO examines international design applications based on the published international registration received from the International Bureau. Substantive Examination: As stated in the MPEP, “Pursuant to 35 U.S.C. 389, the USPTO will examine international design applications designating the…
Read MoreWhat is the United States’ policy on deferment of publication for international design applications?
The United States does not allow deferment of publication for international design applications designating the U.S. This policy is based on a specific declaration made under the Hague Agreement. As stated in the MPEP, “Pursuant to Article 11(1)(b), the United States declared that where the United States is designated in an international design application, it…
Read MoreWhat is the individual designation fee structure for international design applications designating the United States?
The United States has implemented a two-part individual designation fee structure for international design applications designating the U.S. under the Hague Agreement: 1. A first part payable at filing 2. A second part payable upon allowance of the application As stated in the MPEP, “Pursuant to Article 7(2) and Rule 12(3), the United States declared…
Read MoreWhat are the key declarations made by the United States under the Hague Agreement?
The United States made several key declarations under the Hague Agreement, including: An international design application designating the U.S. must contain a specific claim. An oath or declaration of the creator and indications of the creator’s identity are required. Deferment of publication is not possible for U.S. designations. Only one independent and distinct design may…
Read MoreHow do I update or correct the name of the applicant in an international design application?
To update or correct the name of the applicant in a nonprovisional international design application, you need to: Submit a corrected Application Data Sheet (ADS) under 37 CFR 1.76 Specify the correct or updated name of the applicant in the applicant information section Identify the information being changed with underlining for insertions and strike-through or…
Read MoreHow can an applicant submit an Information Disclosure Statement (IDS) for an international design application?
Applicants have multiple options for submitting an Information Disclosure Statement (IDS) for an international design application designating the United States: When filing the application: According to MPEP 2920.05(f), “When filing an international design application, an applicant may submit an IDS using Annex III to the official application form (DM/1 form).” For more information on this…
Read MoreHow does the Statement of Grant of Protection differ from a patent grant?
While both a Statement of Grant of Protection and a patent grant indicate that protection has been granted for an industrial design, they serve different purposes and are issued in different contexts: Patent Grant: Is the official document issued by the USPTO that confers the legal right of the patent Provides detailed information about the…
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