Who is eligible to file an international design application?
According to MPEP 2904, eligibility to file an international design application is determined by Article 3 of the Hague Agreement. An individual is eligible if they meet one of the following criteria: A national of a Contracting Party A national of a State that is a member of an intergovernmental organization that is a Contracting…
Read MoreWhere can I file an international design application?
According to MPEP 2905, an international design application can be filed in two ways: Directly with the International Bureau Indirectly through the office of the applicant’s Contracting Party (if allowed) The MPEP states: “Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or…
Read MoreWhat is the mailing address for paper-filed international design applications at the USPTO?
What is the mailing address for paper-filed international design applications at the USPTO? For those choosing to file international design applications on paper with the USPTO, the correct mailing address is crucial. According to MPEP 2905, paper-filed international design applications should be mailed to: Mail Stop International DesignCommissioner for PatentsP.O. Box 1450Alexandria, VA 22313-1450 It’s…
Read MoreHow does the USPTO process international design applications designating the United States?
The United States Patent and Trademark Office (USPTO) processes international design applications designating the United States as follows: The USPTO examines the application according to U.S. law, as stated in 35 U.S.C. 389(a). No additional submissions are required from the applicant to initiate examination. Published international design registrations designating the U.S. are automatically received from…
Read MoreWhat information is included in the filing receipt for an international design application?
When the USPTO receives the publication of an international design application under Article 10(3) of the Hague Agreement, it sends a filing receipt to the applicant. According to the MPEP, this filing receipt includes the following information: U.S. application number U.S. filing date Inventorship Applicant information Other relevant application data of record The MPEP states:…
Read MoreWhat are the filing options for international design applications at the USPTO?
What are the filing options for international design applications at the USPTO? The USPTO offers multiple filing options for international design applications. According to MPEP 2905: EFS-Web: “Applicants may file international design applications electronically through EFS-Web.” Paper filing: “Alternatively, international design applications may be filed on paper with the USPTO by mail.” Hand delivery: Paper…
Read MoreHow does examination work for international design applications designating the United States?
The examination process for international design applications designating the United States involves several steps: Receipt and Examination: The USPTO examines international design applications based on the published international registration received from the International Bureau. Substantive Examination: As stated in the MPEP, “Pursuant to 35 U.S.C. 389, the USPTO will examine international design applications designating the…
Read MoreHow does the USPTO handle correspondence information submitted through EFS-Web for international design applications?
For international design applications, the USPTO may use correspondence information submitted through EFS-Web in certain situations. According to MPEP 2912: “Where no correspondence information is included in the submission, or the correspondence information was not made in accordance with the applicable regulations, the Office may use application data furnished through EFS-Web for purposes of correspondence…
Read MoreWhat is the difference between the filing date in the United States and the international filing date?
The filing date of an international design application in the United States is not necessarily the same as the international filing date accorded by the International Bureau. As stated in MPEP 2906: “The filing date of an international design application in the United States is not necessarily the same date as the filing date accorded…
Read MoreWhat additional requirements are there for international design applications designating the United States?
International design applications designating the United States must include additional elements as specified in 37 CFR 1.1021(d): A claim (37 CFR 1.1021(b)(1)(iii) and 37 CFR 1.1025) Indications concerning the identity of the creator (inventor) The inventor’s oath or declaration (37 CFR 1.63 and 1.64) The MPEP states: “A claim is a filing date requirement for…
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