What is the meaning of “Rule” in MPEP Chapter 2900?
In MPEP Chapter 2900, the term “Rule” has a specific definition when capitalized. According to MPEP 2902: “‘Rule,’ when capitalized, means a rule under the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement” This definition is crucial for understanding references to specific Rules within the context of international design…
Read MoreWhat is the role of the International Bureau in the registration process?
The International Bureau plays a crucial role in the registration process for international design applications. According to MPEP 2907, the International Bureau is responsible for: Receiving and examining international applications Registering industrial designs that conform to applicable requirements Inviting applicants to remedy defects in non-compliant applications Issuing certificates of registration to holders As stated in…
Read MoreWhat are the requirements for photographs and graphic representations in international design applications?
The requirements for photographs and graphic representations in international design applications are specified in Administrative Instruction 404 of the Hague Agreement. Key requirements include: For Photographs: Must be of professional standard All edges must be cut at right angles The industrial design must be shown against a neutral plain background Retouching with ink or correcting…
Read MoreCan an applicant request a different filing date for an international design application in the US?
Yes, an applicant can request a review of the filing date for an international design application in the United States. This process is outlined in 35 U.S.C. 384(b) and further detailed in 37 CFR 1.1023(b). According to MPEP 2908: “Where the applicant believes the international design application is entitled under the Hague Agreement to a…
Read MoreWhat is the procedure for seeking relief from prescribed time limits in international design applications?
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications. The key components of this procedure include: Filing a petition with the USPTO…
Read MoreWhat constitutes a “real and effective industrial or commercial establishment” for filing an international design application?
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…
Read MoreWhat is the purpose of recording the Statement of Grant of Protection in the International Register?
The recording of the Statement of Grant of Protection in the International Register serves several important purposes in the context of international design applications. According to MPEP 2940, which cites Hague Rule 18bis(3): “The International Bureau shall record any statement received under this Rule in the International Register, inform the holder accordingly and, where the…
Read MoreWhat are the requirements for petitioning for a different filing date for an international design application?
Applicants can petition for a different filing date for an international design application in the United States under certain circumstances. MPEP 2908 outlines the requirements for such a petition, which are based on 37 CFR 1.1023(b): “Where the applicant believes the international design application is entitled under the Hague Agreement to a filing date in…
Read MoreHow is “person” defined in the Hague Agreement for international design applications?
The Hague Agreement provides a specific definition for the term “person” in the context of international design applications. According to MPEP 2904: “Article 1(ix) of the Hague Agreement defines a ‘person’ as a natural person or a legal entity” This definition encompasses: Natural persons (individuals) Legal entities (such as corporations, organizations, or other legally recognized…
Read MoreCan a Statement of Grant of Protection be issued for only some designs in an international registration?
Yes, a Statement of Grant of Protection can be issued for only some of the designs in an international registration. This situation is specifically addressed in the Manual of Patent Examining Procedure (MPEP) 2940, which cites Hague Rule 18bis(1)(b)(iii): “Where the statement does not relate to all the industrial designs that are the subject of…
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