What is a “Contracting Party” in the context of international design applications?
In the context of international design applications, a “Contracting Party” is defined by the Hague Agreement. According to MPEP 2904: “Article 1(xiii) defines a ‘Contracting Party’ as a State or intergovernmental organization that is a party to the Hague Agreement.” This means that a Contracting Party can be either: A State that has joined the…
Read MoreCan I file a continuing application based on an international design application?
Yes, you can file a continuing application based on an international design application that designates the United States. The MPEP 2920 states: “An applicant may file a continuing application that claims priority to an international design application designating the United States in accordance with 35 U.S.C. 386(c).” This means that you can file continuation, divisional,…
Read MoreWhat happens if an applicant fails to respond to a notification of refusal within the time limit?
If an applicant fails to respond to a notification of refusal within the prescribed time limit, the international design application will be considered abandoned with respect to the United States. This is outlined in MPEP 2920.05(a): “Failure to timely respond to a notification of refusal will result in abandonment of the application as to the…
Read MoreWhat is the proper format for a claim in a nonprovisional international design application?
The claim in a nonprovisional international design application must follow a specific format as outlined in MPEP 2920.04(a) and 37 CFR 1.1025. The key requirements are: Only one claim is permitted The claim must be in formal terms to the ornamental design for the article The article must be specified by name The claim should…
Read MoreCan I change the correspondence address for my nonprovisional international design application?
Yes, you can change the correspondence address for your nonprovisional international design application. The MPEP 2920.03 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…” This implies that applicants can change…
Read MoreHow can I change the applicant in a nonprovisional international design application?
To change the applicant in a nonprovisional international design application after an original applicant has been specified, you must follow these steps: Submit a corrected application data sheet (ADS) under 37 CFR 1.76 Specify the new applicant in the applicant information section of the ADS Comply with 37 CFR 3.71 and 3.73 to establish ownership…
Read MoreHow are broken lines and coloring used in international design applications?
In international design applications, broken lines and coloring can be used to indicate matter shown in a reproduction for which protection is not sought. According to MPEP 2920.04(b): “In addition to the use of broken or dotted lines to indicate matter shown in a reproduction for which protection is not sought, Administrative Instruction 403 permits…
Read MoreHow are broken lines or coloring used in international design application drawings?
Broken lines and coloring in international design application drawings are used to indicate portions of the design for which protection is not sought. As stated in MPEP 2920.04(a): “Administrative Instruction 403 permits matter shown in a reproduction for which protection is not sought to be indicated in the description and/or by means of broken or…
Read MoreWhat are the benefits of using WIPO’s eHague system for filing international design applications?
WIPO’s eHague system offers several advantages for filing international design applications. According to MPEP 2905: “Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including automatic error checking of inputted data, avoidance of the transmittal fee required by the USPTO for indirectly filed…
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…
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