What is the “one independent and distinct design” requirement in international design applications?
The “one independent and distinct design” requirement in international design applications refers to the rule that only one independent and distinct design may be claimed in a nonprovisional international design application. This requirement is based on U.S. law and is enforced by the USPTO. As stated in MPEP 2920.05(b): “Only one independent and distinct design…
Read MoreWhat are the requirements for the oath or declaration in international design applications designating the United States?
For international design applications designating the United States, there are specific requirements regarding the oath or declaration: 1. The application must contain an oath or declaration of the creator. 2. The application must include indications concerning the identity of the creator. As stated in the MPEP, “Additionally, pursuant to Rule 8(1), the United States declared…
Read MoreHow should reproductions be numbered in international design applications?
The numbering of reproductions in international design applications is governed by Administrative Instruction 405 of the Hague Agreement. The key points are: Numbering should appear in the margin of each photograph or graphic representation For multiple designs or views, use a two-part numbering system: The first number represents the design The second number (after a…
Read MoreWhat is a Notification of Refusal in international design applications?
A Notification of Refusal is a communication from the USPTO to the International Bureau regarding an international design application. It indicates that the conditions for granting protection under U.S. law are not met for some or all of the industrial designs in the application. As stated in the MPEP, “Under Article 12 of the Hague…
Read MoreWhat happens if an international design application does not comply with applicable requirements?
If an international design application does not comply with applicable requirements, including missing elements required under Article 5(2) of the Hague Agreement, the International Bureau will take specific actions. According to MPEP 2907: “If the international design application does not comply with the applicable requirements, including any missing element required under Article 5(2), the International…
Read MoreWhat is the effect of recording a name change with the International Bureau for an international design application?
Recording a name change with the International Bureau can have a significant effect on an international design application. According to MPEP 2920.02: “A change in the name of the applicant under 37 CFR 1.46 recorded pursuant to Hague Agreement Article 16(1)(ii) may also be effective to change the name of the applicant in a nonprovisional…
Read MoreCan multiple representatives be appointed for a single international design application?
According to the Hague Agreement rules, as cited in the MPEP, only one representative can be officially recognized for a single international design application. Specifically, the MPEP states: Only one representative may be appointed in respect of a given international application or international registration. Where the appointment indicates several representatives, only the one indicated first…
Read MoreWhat is the maximum duration of protection for design patents in the United States?
The maximum duration of protection for design patents in the United States is 15 years from the date of grant. This duration is specified in the United States’ declaration under the Hague Agreement. As stated in the MPEP, “Pursuant to Article 17(3), the United States declared that the maximum duration of protection for designs is…
Read MoreHow many independent and distinct designs can be claimed in a single international design application designating the United States?
The United States allows only one independent and distinct design to be claimed in a single international design application. This limitation is based on a specific declaration made under the Hague Agreement. As stated in the MPEP, “Pursuant to Article 13(1), the United States declared that only one independent and distinct design may be claimed…
Read MoreWhat are the key sources for definitions in international design applications?
The key sources for definitions in international design applications are: 35 U.S.C. 381 37 CFR 1.9 and 1.1001 Article 1 of the Hague Agreement Rule 1 of the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement As stated in MPEP 2902: “Definitions of relevant terms are set forth in…
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