What is the International Registration of an industrial design?
The International Registration is the process by which the International Bureau registers an industrial design that is the subject of an international application. According to MPEP 2907, this registration occurs “immediately upon receipt by it of the international application or, where corrections are invited under Article 8, immediately upon receipt of the required corrections.” The…
Read MoreHow does an international design application become a U.S. patent?
An international design application becomes a U.S. patent through a specific process outlined in MPEP 2950. The key points are: The Director of the USPTO must cause an examination of the international design application designating the United States. The application is examined under the provisions of Chapter 16 of Title 35 U.S.C., similar to regular…
Read MoreWho can represent an applicant in an international design application?
An applicant in an international design application can be represented in two main ways: Before the International Bureau: The applicant can appoint a representative in accordance with Rule 3 of the Hague Agreement. As stated in the MPEP, Rule 3 does not provide for any requirement as to professional qualification, nationality, or domicile regarding who…
Read MoreHow does the publication process work for international design applications?
The publication process for international design applications under the Hague Agreement involves several key aspects: Timing of Publication: The MPEP states, “For applications filed on or after January 1, 2022, absent a request for immediate publication or deferment, the registration will be published twelve months after the date of international registration, or as soon as…
Read MoreWhen does an international design application become publicly available in the United States?
An international design application designating the United States becomes publicly available after its publication under Article 10(3) of the Hague Agreement. The MPEP states: “The U.S. application file will be made available to the public via Patent Center after publication under Article 10(3) of an international registration designating the United States.” Prior to publication, access…
Read MoreWhen does protection begin for international design applications in designated Contracting Parties?
The timing of protection for international design applications can vary among designated Contracting Parties. According to the MPEP: “Contracting Parties vary as to when protection begins within their territories, the duration of protection, and notification of protection. For some Contracting Parties, the effect of a grant of protection begins on the international registration date; for…
Read MoreHow is inventorship determined in an international design application designating the United States?
According to MPEP 2920.01, inventorship in an international design application designating the United States is determined based on the creator or creators listed in the publication of the international registration. Specifically, the MPEP states: “Pursuant to 37 CFR 1.41(f), the inventorship of an international design application designating the United States is the creator or creators…
Read MoreWhat is the filing date of an international design application in the United States?
According to MPEP 2908, the filing date of an international design application in the United States is typically the “effective registration date.” This is defined in 35 U.S.C. 381(a)(5) as “the date of international registration determined by the International Bureau under the treaty.” Specifically, 35 U.S.C. 384(a) states: “Subject to subsection (b), the filing date…
Read MoreWhat are the filing date requirements for an international design application?
The filing date requirements for an international design application are outlined in MPEP 2906. The International Bureau will accord a filing date to an application that meets the following criteria: The application is in one of the prescribed languages (English, French, or Spanish) It includes an indication that international registration under the Hague Agreement is…
Read MoreWhat fees are required for an international design application?
An international design application is subject to several fees, as outlined in MPEP 2910: Basic fee Publication fee(s) Designation fee(s) Additional word fee (if the description exceeds 100 words) Transmittal fee (for applications filed through the USPTO as an office of indirect filing) The specific amounts can be calculated using the Hague System Fee Calculator…
Read More