What is the recommended content for the specification in an international design application designating the United States?
For international design applications designating the United States, the MPEP recommends including specific content in the specification: “An international design application designating the United States must include a specification as prescribed by 35 U.S.C. 112 and preferably include a brief description of the reproductions pursuant to Rule 7(5)(a) describing the view or views of the…
Read MoreHow are small and micro entity discounts applied to international design application fees?
Small and micro entity discounts are applied to certain fees for international design applications, as explained in MPEP 2910: “The transmittal fee is discounted for small and micro entities. […] The first and second parts of the individual designation fee for the United States are discounted for small and micro entities.” Key points about these…
Read MoreWhat is the significance of the correspondence address in a nonprovisional international design application?
The correspondence address in a nonprovisional international design application is crucial for effective communication between the USPTO and the applicant or their representative. According to MPEP 2920.03, the Office will use this address for all correspondence related to the application. The importance of the correspondence address is underscored by the detailed hierarchy provided in 37…
Read MoreWho must sign an international design application?
According to MPEP 2909.01, an international design application must be signed by the applicant. This requirement is explicitly stated in the section, which cites 37 CFR 1.1022(b): “The international design application shall be signed by the applicant.” This requirement is further reinforced by Hague Rule 7(1), which states: “The international application shall be signed by…
Read MoreWhat are the requirements for obtaining benefit of the filing date of a prior international design application?
To obtain the benefit of the filing date of a prior international design application designating the United States, the international design application must meet specific requirements. According to the MPEP: To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to…
Read MoreWhat information is required in the inventor’s oath or declaration for an international design application?
The inventor’s oath or declaration for an international design application designating the United States must contain specific information. According to 37 CFR 1.1021(d)(3): The requirements in §§ 1.63(b) and 1.64(b)(4) to identify each inventor by his or her legal name, mailing address, and residence, if an inventor lives at a location which is different from…
Read MoreHow can an applicant request an extension of time to respond to a notification of refusal?
An applicant can request an extension of time to respond to a notification of refusal in an international design application according to MPEP 2920.05(a). The process is governed by 37 CFR 1.1062(d), which states: “Extensions of time to respond to a notification of refusal are available pursuant to 37 CFR 1.1062 (d).” To request an…
Read MoreCan an applicant request a different filing date for an international design application in the US?
Yes, an applicant can request a review of the filing date for an international design application in the United States. This process is outlined in 35 U.S.C. 384(b) and further detailed in 37 CFR 1.1023(b). According to MPEP 2908: “Where the applicant believes the international design application is entitled under the Hague Agreement to a…
Read MoreHow are reproductions or specimens presented in an international design application?
According to MPEP 2909, reproductions or specimens in an international design application must be presented as follows: Reproductions may be in the form of photographs or other graphic representations of the industrial design They must be of a quality permitting all the details of the industrial design to be clearly distinguished Specimens may be submitted…
Read MoreWhat regulations apply to a converted international design application?
Once an international design application is converted to a U.S. design application under 35 U.S.C. Chapter 16, it becomes subject to the regulations that govern standard U.S. design patent applications. The MPEP explicitly states: “An international design application converted under 37 CFR 1.1052 is subject to the regulations applicable to a design application filed under…
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