What information is required when appointing a representative for an international design application?
When appointing a representative for an international design application, the following information is typically required: Name and address of the representative: The MPEP states that The communication to appoint a representative shall contain the name and address, given in accordance with the Administrative Instructions, and email address of the representative. Email address of the representative:…
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 MoreWhat forms are available for managing representation in international design applications?
The International Bureau provides several forms to manage representation in international design applications. According to the MPEP: The International Bureau makes available forms for the appointment of a representative (form DM/7), requesting the recording of a change in name and/or address of the representative (form DM/8), and cancellation of recording of appointment of a representative…
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 the role of the International Bureau in determining the filing date of international design applications?
The International Bureau plays a crucial role in determining the filing date of international design applications. According to MPEP 2908, the International Bureau is responsible for determining the “effective registration date,” which typically serves as the filing date in the United States. 35 U.S.C. 381(a)(4) defines the International Bureau as: “The term ‘International Bureau’ means…
Read MoreHow does the International Bureau review the inventor’s oath or declaration in international design applications?
The International Bureau plays a crucial role in reviewing the inventor’s oath or declaration for international design applications designating the United States. The MPEP states: The International Bureau reviews international design applications designating the United States to ensure that the required inventor’s oath or declaration is provided for the inventors identified in the international design…
Read MoreWhat is the “effective registration date” for an international design application?
The “effective registration date” is a crucial concept for international design applications. According to 35 U.S.C. 381(a)(5), as referenced in MPEP 2908: “The term ‘effective registration date’ means the date of international registration determined by the International Bureau under the treaty.“ This date is significant because it typically serves as the filing date of an…
Read MoreHow are corrections to the International Register handled?
How are corrections to the International Register handled? Corrections to the International Register are handled as follows: The International Bureau (IB) may correct any error in the International Register. Corrections may be made ex officio or at the request of the holder. The IB notifies the holder and the offices of designated Contracting Parties of…
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 agreement between the USPTO and the International Bureau regarding preliminary examination?
The United States Patent and Trademark Office (USPTO) has an agreement with the International Bureau (IB) to serve as an International Preliminary Examining Authority (IPEA). According to MPEP 1862: “An agreement was concluded between the United States Patent and Trademark Office (USPTO) and the International Bureau under which the USPTO agreed to serve as an…
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