How should the Application Data Sheet (ADS) be prepared when correcting inventorship?
When preparing an Application Data Sheet (ADS) to correct inventorship in an international design application, it’s important to follow specific formatting requirements. The MPEP 2920.01 states: “The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP…
Read MoreWhat is the “applicant’s Contracting Party” in an international design application?
The “applicant’s Contracting Party” is an important concept in international design applications. According to MPEP 2905: “Article 1(xiv) of the Hague Agreement defines the ‘applicant’s Contracting Party’ as the Contracting Party from which the applicant derives its entitlement to file an international design application under Hague Agreement Article 3 or, if there is more than…
Read MoreHow is the applicant identified in a nonprovisional international design application?
In a nonprovisional international design application, the applicant is identified as follows: 1. If the application is filed by the inventor, they are automatically the applicant. 2. If the application is filed by someone other than the inventor under 37 CFR 1.46(a), such as an assignee, that person must have been identified as the applicant…
Read MoreHow are amendments handled in international design applications?
Amendments in international design applications are subject to specific rules and procedures. According to MPEP 2920.04(b): “Amended reproductions that are submitted directly to the Office pursuant to 37 CFR 1.121 are not subject to review by the International Bureau and thus may be objected to under 37 CFR 1.1026 as to matters of form where…
Read MoreHow can the order of inventors’ names be adjusted in an international design application?
The order of inventors’ names in an international design application can be adjusted according to specific procedures outlined in the MPEP 2920.01. The process is similar to correcting or updating an inventor’s name: “The name of an inventor may be corrected or updated and the order of the names of the joint inventors may be…
Read MoreWhat additional elements may be required in an international design application?
According to MPEP 2907, certain Contracting Parties may require additional elements in an international design application under Article 5(2) of the Hague Agreement. These additional elements are: An indication identifying the creator of the industrial design A brief description of the reproduction or of the characteristic features of the industrial design A claim The MPEP…
Read MoreWhat happens if an inventor is added to an international design application after publication?
Adding an inventor to an international design application after publication of the international registration can create additional requirements for the inventor’s oath or declaration. The MPEP addresses this scenario: As compliance with the requirement for the inventor’s oath or declaration will have been reviewed by the International Bureau, the need to notify the applicant in…
Read MoreHow can I access the instructions for completing Form DM/1?
Instructions for completing Form DM/1 for an international design application are readily available. According to MPEP 2909.01, “Detailed instructions for completing the form are set forth in the section ‘How to Submit an International Application to the International Bureau’ of the Hague Guide for Users available on WIPO’s website at www.wipo.int/hague/en/guide/ia.html.” Additionally, the MPEP states…
Read MoreWhat languages are acceptable for filing an international design application?
According to MPEP 2906, international design applications must be filed in one of three prescribed languages: English French Spanish The MPEP specifically states: “The prescribed languages, set forth in Hague Agreement Rule 6, are English, French, and Spanish.“ It’s crucial to note that using one of these languages is a requirement for obtaining a filing…
Read MoreHow does 37 CFR 1.1066(b) relate to the correspondence address for international design applications?
37 CFR 1.1066(b) states: “Reference in the rules to the correspondence address set forth in § 1.33(a) shall be construed to include a reference to this section for a nonprovisional international design application.” This provision ensures that any references to correspondence addresses in other USPTO rules also apply to nonprovisional international design applications. It effectively…
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