Is a description required in a nonprovisional international design application?
Generally, a description beyond a brief reference to the drawing is not required in a nonprovisional international design application. However, certain types of descriptions are permissible and may be included. According to MPEP 2920.04(a): “No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a…
Read MoreCan an international design application designating the United States include a request for deferment of publication?
No, an international design application designating the United States cannot include a request for deferment of publication. This is explicitly stated in the MPEP: “An international design application designating the United States may not contain a request for deferment of publication. See 37 CFR 1.1028.“ This restriction is important for applicants to note when preparing…
Read MoreWhat happens if no correspondence address is specified for an international design application?
If no specific correspondence address is provided for an international design application filed with the USPTO as an office of indirect filing, the USPTO has a default procedure. According to MPEP 2912: “Where no such address has been specified, the Office will use as the correspondence address of applicant’s appointed representative. See 37 CFR 1.1041.…
Read MoreWhat is the order of priority for determining the correspondence address in a nonprovisional international design application?
The order of priority for determining the correspondence address in a nonprovisional international design application is established by 37 CFR 1.1066(a), which states: “Unless the correspondence address is changed in accordance with § 1.33(a), the Office will use as the correspondence address in a nonprovisional international design application the address according to the following order:”…
Read MoreHow is the correspondence address determined for a nonprovisional international design application?
The correspondence address for a nonprovisional international design application is determined according to 37 CFR 1.1066(a), which states: “Unless the correspondence address is changed in accordance with § 1.33(a), the Office will use as the correspondence address in a nonprovisional international design application the address according to the following order: The correspondence address under §…
Read MoreHow can inventorship be corrected in an international design application?
Inventorship in an international design application can be corrected according to the provisions outlined in 37 CFR 1.48(a). The MPEP 2920.01 states: “Inventorship may be corrected in accordance with the provisions of 37 CFR 1.48(a). See MPEP § 602.01(c) et seq. for a detailed discussion of correction of inventorship, correcting or updating the name of…
Read MoreHow is copendency determined for international design applications claiming benefit under 35 U.S.C. 386(c)?
When determining copendency for an international design application designating the United States and claiming benefit under 35 U.S.C. 386(c), it’s the U.S. filing date of the international design application that is relevant, not necessarily the international filing date. The MPEP states: In determining whether an international design application designating the United States is copending with…
Read MoreWhat is the process for converting an international design application to a U.S. design application?
The process for converting an international design application to a U.S. design application under 35 U.S.C. Chapter 16 is outlined in 37 CFR 1.1052. The key steps are: File a petition for conversion with the USPTO Pay the fee set forth in 37 CFR 1.17(t) File the petition before the international registration is published Ensure…
Read MoreWhat is the effect of a petition to convert an international design application to a design application under 35 U.S.C. chapter 16?
What is the effect of a petition to convert an international design application to a design application under 35 U.S.C. chapter 16? A petition to convert an international design application to a design application under 35 U.S.C. chapter 16 has specific effects on the application’s status and processing. According to MPEP 2920: “The grant of…
Read MoreCan an abandoned international design application be converted to a U.S. design application?
An abandoned international design application cannot be directly converted to a U.S. design application without first addressing the abandonment. The MPEP clearly states: “A petition under this section will not be granted in an abandoned international design application absent a grantable petition under § 1.1051.“ This means that before conversion can be considered, the applicant…
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