What international agreements can form the basis for a priority claim?
Several international agreements can form the basis for a priority claim in patent applications. The MPEP mentions: The Paris Convention for the Protection of Industrial Property The Hague Agreement Concerning the International Registration of Industrial Designs The Benelux Designs Convention The Convention on the Grant of European Patents (European Patent Office) The Patent Cooperation Treaty…
Read MoreWhat is the Hague Agreement and how does it affect US design patent applications?
The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application to seek protection in multiple countries. The United States became a party to the Hague Agreement on May 13, 2015. According to 35 U.S.C. 385: An international design application designating the United…
Read MoreWhat are the main types of patent applications in the United States?
There are several types of patent applications in the United States: Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications Provisional applications filed under 35 U.S.C. 111(b) International applications filed under the Patent Cooperation Treaty (PCT) International design applications filed under the Hague Agreement The MPEP states: Applications filed under…
Read MoreWhat are the requirements for claiming foreign priority in an international design application designating the United States?
For an international design application designating the United States, the requirements for claiming foreign priority are as follows: The claim for priority can be made in accordance with the Hague Agreement and the Hague Agreement Regulations. The claim must comply with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172. Priority can be claimed…
Read MoreHow does the process differ for international patent applications filed by non-inventor applicants?
For international patent applications filed by non-inventor applicants, there are specific requirements outlined in 37 CFR 1.46(b): If an application entering the national stage under 35 U.S.C. 371, or a nonprovisional international design application, is applied for by a person other than the inventor under paragraph (a) of this section, the assignee, person to whom…
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