Can a U.S. applicant file an international design application directly with WIPO?
Can a U.S. applicant file an international design application directly with WIPO? No, a U.S. applicant cannot file an international design application directly with the World Intellectual Property Organization (WIPO). According to MPEP 2905, “Applicants from the United States are not permitted to file international design applications directly with the International Bureau.” U.S. applicants must…
Read MoreCan US applicants file international design applications directly with WIPO?
Yes, US applicants can file international design applications directly with the World Intellectual Property Organization (WIPO). MPEP 2905 states: “If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be…
Read MoreHow do I update or correct the name of the applicant in an international design application?
To update or correct the name of the applicant in a nonprovisional international design application, you need to: Submit a corrected Application Data Sheet (ADS) under 37 CFR 1.76 Specify the correct or updated name of the applicant in the applicant information section Identify the information being changed with underlining for insertions and strike-through or…
Read MoreHow is the transmittal fee for an international design application determined?
The transmittal fee for an international design application filed through the USPTO as an office of indirect filing is determined based on the entity status of the applicant. According to MPEP 2910: “The transmittal fee is discounted for small and micro entities. Payment, by any party, of the exact amount of the small entity transmittal…
Read MoreWhat are the requirements for the title in a nonprovisional international design application?
The title in a nonprovisional international design application must meet the following requirements: Designate the particular article in which the design is embodied Correspond with the claim Identify the article by the name generally known and used by the public As stated in MPEP 2920.04(a): “The title of the design identifies the article in which…
Read MoreWhat is the time limit for responding to a notification of refusal in an international design application?
The time limit for responding to a notification of refusal in an international design application is typically three months from the date of receipt of the notification by the International Bureau. This is stated in MPEP 2920.05(a): “The prescribed time limit for responding to a notification of refusal is set forth in Hague Rule 18(1)(c).…
Read MoreWhat is the time limit for claiming benefit of a prior-filed application in an international design application?
The time limit for claiming benefit of a prior-filed application in an international design application is specified in MPEP 2920.05(e): “The right of priority may be restored where the international design application is filed after the expiration of the priority period but within a period of two months from the expiration of the priority period.”…
Read MoreHow can an applicant submit an Information Disclosure Statement (IDS) for an international design application?
Applicants have multiple options for submitting an Information Disclosure Statement (IDS) for an international design application designating the United States: When filing the application: According to MPEP 2920.05(f), “When filing an international design application, an applicant may submit an IDS using Annex III to the official application form (DM/1 form).” For more information on this…
Read MoreAre specimens allowed in international design applications designating the United States?
No, specimens are not permitted in international design applications designating the United States. The MPEP clearly states: “In addition, specimens are not permitted in international design applications designating the United States. See 37 CFR 1.1027.“ This restriction is important for applicants to be aware of when preparing their international design applications that include the United…
Read MoreHow can I specify a correspondence address for an international design application filed with the USPTO as an office of indirect filing?
According to 37 CFR 1.1042, applicants can specify a correspondence address for communications sent by the USPTO as an office of indirect filing. The MPEP states: “Pursuant to 37 CFR 1.1042, the applicant may specify a correspondence address for correspondence sent by the USPTO as an office of indirect filing.“ This address can be different…
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