What is the effect of not sending a notification of refusal within the prescribed period?
According to MPEP 2950, the failure to send a notification of refusal within the period referenced in 37 CFR 1.1062(b) does not automatically confer patent rights or have any other effect under Article 14(2) of the Hague Agreement. The MPEP states: “The Office does not regard the failure to send a notification of refusal within…
Read MoreWhat is the effect of conversion on the international design application?
The effect of conversion on an international design application depends on the timing of the conversion decision: If the conversion is granted before transmittal to the International Bureau: The application is fully converted to a U.S. design application It will not be processed as an international application If the conversion is granted after transmittal to…
Read MoreHow is the date of International Registration determined?
The date of International Registration is determined according to Article 10(2) of the Hague Agreement, as explained in MPEP 2907: “Pursuant to Article 10(2), the date of international registration will be the international filing date (see MPEP § 2906) unless there is an applicable requirement under Hague Agreement Article 5(2) that has not been satisfied,…
Read MoreHow long is the term for design patents?
The term for design patents varies based on the filing date: For design patents issued from applications filed before May 13, 2015: 14 years from the date of patent grant. For design patents issued from applications filed on or after May 13, 2015: 15 years from the date of patent grant. This change is due…
Read MoreWhat is a “Contracting Party” in the context of international design applications?
In the context of international design applications, a “Contracting Party” is defined by the Hague Agreement. According to MPEP 2904: “Article 1(xiii) defines a ‘Contracting Party’ as a State or intergovernmental organization that is a party to the Hague Agreement.” This means that a Contracting Party can be either: A State that has joined the…
Read MoreCan a designated Contracting Party refuse the effects of a correction?
Yes, a designated Contracting Party can refuse the effects of a correction made to the International Register. According to MPEP 2930: “The Office of any designated Contracting Party shall have the right to declare in a notification to the International Bureau that it refuses to recognize the effects of the correction. Rules 18 to 19…
Read MoreWhat information is included in a Statement of Grant of Protection?
A Statement of Grant of Protection for an international design application contains specific information as outlined in the Manual of Patent Examining Procedure (MPEP) 2940. According to Hague Rule 18bis(1)(b), the statement must include: The Office making the statement (in this case, the USPTO) The number of the international registration Which industrial designs are covered…
Read MoreHow can applicants claim foreign priority in international design applications designating the United States?
Applicants can claim foreign priority in international design applications designating the United States under certain conditions: The claim must be in accordance with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172 and the Hague Agreement and Regulations. The priority claim can be made to a prior foreign application, international application (PCT) designating at…
Read MoreHow do I claim foreign priority in an international design application?
To claim foreign priority in an international design application designating the United States, you have two options according to MPEP 2920.05(d): Claim priority in accordance with the Hague Agreement and Regulations. In a nonprovisional international design application, present the priority claim in an application data sheet (ADS). The MPEP states: “In an international design application…
Read MoreWhat changes can be recorded in the International Register?
Hague Agreement Article 16(1) provides for the recording of several changes in the International Register. According to MPEP 2930, these changes include: Change in ownership of the international registration Change in the name or address of the holder Appointment of a representative of the applicant or holder Renunciation of the international registration Limitation of the…
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