What is the role of WIPO in processing priority claims for international design applications?
The World Intellectual Property Organization (WIPO) plays a crucial role in processing priority claims for international design applications: Priority claims are made in the international design application filed with WIPO. WIPO is responsible for initially processing and recording these priority claims. WIPO transmits the priority claim information to designated Contracting Parties, including the USPTO. According…
Read MoreWhat types of corrections can be made to the International Register?
The International Bureau can make corrections to the International Register under Hague Rule 22. These corrections can be made: Ex officio (on their own initiative) At the request of the holder As stated in MPEP 2930: “Where the International Bureau, acting ex officio or at the request of the holder, considers that there is an…
Read MoreWhat is the role of the International Bureau in the registration process?
The International Bureau plays a crucial role in the registration process for international design applications. According to MPEP 2907, the International Bureau is responsible for: Receiving and examining international applications Registering industrial designs that conform to applicable requirements Inviting applicants to remedy defects in non-compliant applications Issuing certificates of registration to holders As stated in…
Read MoreHow is a change in ownership recorded in the International Register?
How is a change in ownership recorded in the International Register? Recording a change in ownership in the International Register involves the following steps: The request can be submitted either through the Office of the Contracting Party of the holder or directly to the International Bureau (IB). The request must be made on the official…
Read MoreWhat is the official form for an international design application?
The official form for an international design application is Form DM/1, “Application for International Registration”. According to MPEP 2909.01, “The form established by the International Bureau for filing an international design application is the form DM/1, ‘Application for International Registration’.” This form, along with instructions for completing it, is available on the International Bureau’s website.…
Read MoreWhat happens if I submit a non-English InventionTitle to the USPTO for an international application?
If you submit a non-English InventionTitle to the USPTO for an international application, where the USPTO is acting as the Receiving Office (RO/US), your application will be transferred to the International Bureau. According to MPEP 2413.01(i): “If non-English language is presented to RO/US for a ‘Sequence Listing XML,’ then RO/US will transfer the international application…
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 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…
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