How does the United States handle changes in ownership for international design registrations?
The United States has specific requirements for handling changes in ownership for international design registrations: 1. Changes in ownership recorded by the International Bureau must also be recorded with the USPTO. 2. Documentation supporting the change in ownership must be submitted to the USPTO. As stated in the MPEP, “Pursuant to Article 16(2), the United…
Read MoreWhat does “Article” refer to in MPEP Chapter 2900?
In MPEP Chapter 2900, the term “Article” has a specific meaning. According to MPEP 2902: “As used in MPEP Chapter 2900, ‘Article’ means an article of the Hague Agreement” This definition is important for understanding references to specific Articles within the context of international design applications and the Hague Agreement. To learn more: Hague Agreement…
Read MoreHow is a representative appointed in an international design application?
A representative can be appointed in an international design application through two main methods: In the international application itself: The MPEP states, The naming of the representative in the international application at the time of filing shall constitute an appointment of such representative. This is based on Rule 3(2) of the Hague Agreement. In a…
Read MoreWhat is the “applicant’s Contracting Party” in an international design application?
The “applicant’s Contracting Party” is an important concept in international design applications. According to MPEP 2905: “Article 1(xiv) of the Hague Agreement defines the ‘applicant’s Contracting Party’ as the Contracting Party from which the applicant derives its entitlement to file an international design application under Hague Agreement Article 3 or, if there is more than…
Read MoreHow is the applicant identified in a nonprovisional international design application?
In a nonprovisional international design application, the applicant is identified as follows: 1. If the application is filed by the inventor, they are automatically the applicant. 2. If the application is filed by someone other than the inventor under 37 CFR 1.46(a), such as an assignee, that person must have been identified as the applicant…
Read MoreWhat is the Administrative Instruction in the context of international design applications?
The Administrative Instruction is a specific document related to the Hague Agreement for international design applications. According to MPEP 2902: “‘Administrative Instruction’ means the Administrative Instruction for the Application of the Hague Agreement referred to in Rule 34.” This document provides detailed instructions for the application of the Hague Agreement, complementing the Rules and Articles.…
Read MoreWhat additional elements may be required in an international design application?
According to MPEP 2907, certain Contracting Parties may require additional elements in an international design application under Article 5(2) of the Hague Agreement. These additional elements are: An indication identifying the creator of the industrial design A brief description of the reproduction or of the characteristic features of the industrial design A claim The MPEP…
Read MoreWhat are the four types of U.S. national applications?
According to the MPEP, there are four types of U.S. national applications: A national stage application under 35 U.S.C. 371 A regular domestic national application filed under 35 U.S.C. 111(a) A provisional application filed under 35 U.S.C. 111(b) An international design application filed under the Hague Agreement The MPEP states: “There are four types of…
Read MoreWhat is the Patent Law Treaties Implementation Act of 2012 (PLTIA)?
The Patent Law Treaties Implementation Act of 2012 (PLTIA) is a significant piece of legislation that affected design patent law in the United States. According to the MPEP: “On December 18, 2012, the Patent Law Treaties Implementation Act of 2012 (PLTIA) was signed into law. The PLTIA among other things sets forth provisions implementing the…
Read MoreHow do international design applications under the Hague Agreement differ from regular design patent applications?
International design applications filed under the Hague Agreement have some distinct features compared to regular design patent applications: They are governed by 35 U.S.C. chapter 38, which provides for international registration of industrial designs. Certain provisions of 35 U.S.C. chapter 16 (which governs regular design patents) are made applicable to international design applications. As stated…
Read More