What constitutes a valid ‘reply’ for a petition to excuse unintentional delay in an international design application?
A valid ‘reply’ for a petition to excuse unintentional delay in an international design application can take two forms, as specified in 37 CFR 1.1051(c): Filing a continuing application (with additional requirements if the original application hasn’t been internationally registered) A grantable petition under 37 CFR 1.1052 for applications filed indirectly with the USPTO The…
Read MoreCan a U.S. applicant file an international design application directly with WIPO?
Can a U.S. applicant file an international design application directly with WIPO? No, a U.S. applicant cannot file an international design application directly with the World Intellectual Property Organization (WIPO). According to MPEP 2905, “Applicants from the United States are not permitted to file international design applications directly with the International Bureau.” U.S. applicants must…
Read MoreCan international design application fees be paid through the USPTO?
Yes, certain international fees for an international design application can be paid through the USPTO, but with specific conditions. According to MPEP 2910: “Certain international fees payable to the International Bureau may be paid through the USPTO as an office of indirect filing, provided such fees are paid no later than the date of payment…
Read MoreWhat is indirect filing of an international design application?
Indirect filing of an international design application refers to the process of submitting the application through the office of the applicant’s Contracting Party rather than directly with the International Bureau. MPEP 2905 explains: “Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or…
Read MoreHow is the filing date determined for an international design application filed indirectly?
The filing date for an international design application filed indirectly through the office of a Contracting Party is determined as follows: For applications governed exclusively by the 1999 Act: The filing date is the date the application was received by the office of the Contracting Party, provided it is received by the International Bureau within…
Read More