What constitutes a “real and effective industrial or commercial establishment” for filing an international design application?
The concept of a “real and effective industrial or commercial establishment” is mentioned in MPEP 2904 as one of the criteria for eligibility to file an international design application. The MPEP states: “Any person that … has a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled…
Read MoreWhat is the purpose of using the official form for an international design application?
The purpose of using the official form for an international design application is to ensure that all required information is provided and properly formatted. According to MPEP 2909.01, “Proper usage of the DM/1 form will help ensure that the mandatory, additional mandatory and optional content items for an international design application are present upon filing.”…
Read MoreHow can I protect designs cancelled from an international design application due to a restriction requirement?
Designs cancelled from a nonprovisional international design application as a result of a restriction requirement can be protected through the filing of divisional applications. These divisional applications can be filed in two ways: As a design application under 35 U.S.C. chapter 16, or As an international design application designating the United States According to MPEP…
Read MoreWhat are the requirements for petitioning for a different filing date for an international design application?
Applicants can petition for a different filing date for an international design application in the United States under certain circumstances. MPEP 2908 outlines the requirements for such a petition, which are based on 37 CFR 1.1023(b): “Where the applicant believes the international design application is entitled under the Hague Agreement to a filing date in…
Read MoreHow is “person” defined in the Hague Agreement for international design applications?
The Hague Agreement provides a specific definition for the term “person” in the context of international design applications. According to MPEP 2904: “Article 1(ix) of the Hague Agreement defines a ‘person’ as a natural person or a legal entity” This definition encompasses: Natural persons (individuals) Legal entities (such as corporations, organizations, or other legally recognized…
Read MoreWhat optional contents can be included in an international design application?
MPEP 2909 outlines several optional contents that may be included in an international design application: Two or more industrial designs (subject to prescribed conditions) A request for deferment of publication An appointment of a representative A claim of priority of one or more earlier filed applications A declaration, statement, or other relevant indication as specified…
Read MoreWhat is the “one independent and distinct design” requirement in international design applications?
The “one independent and distinct design” requirement in international design applications refers to the rule that only one independent and distinct design may be claimed in a nonprovisional international design application. This requirement is based on U.S. law and is enforced by the USPTO. As stated in MPEP 2920.05(b): “Only one independent and distinct design…
Read MoreWhat is the official form for an international design application?
The official form for an international design application is Form DM/1, “Application for International Registration”. According to MPEP 2909.01, “The form established by the International Bureau for filing an international design application is the form DM/1, ‘Application for International Registration’.” This form, along with instructions for completing it, is available on the International Bureau’s website.…
Read MoreWhat happens if an international design application does not comply with applicable requirements?
If an international design application does not comply with applicable requirements, including missing elements required under Article 5(2) of the Hague Agreement, the International Bureau will take specific actions. According to MPEP 2907: “If the international design application does not comply with the applicable requirements, including any missing element required under Article 5(2), the International…
Read MoreAre renewal fees required to maintain a U.S. design patent in force?
No, renewal fees are not required to maintain a U.S. design patent in force, even if it originated from an international design application. This is clearly stated in MPEP 2950, which cites 37 CFR 1.1031(e): “Payment of the fees referred to in Article 17 and Rule 24 for renewing an international registration (“renewal fees”) is…
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