What is considered a “national application” and “nonprovisional application” in the context of international design applications?
In the context of international design applications, the terms “national application” and “nonprovisional application” have specific definitions according to USPTO rules: National Application: As per 37 CFR 1.9(a)(1), this includes an international design application filed under the Hague Agreement where the USPTO has received a copy of the international registration pursuant to Hague Agreement Article…
Read MoreWhat is the effect of recording a name change with the International Bureau for an international design application?
Recording a name change with the International Bureau can have a significant effect on an international design application. According to MPEP 2920.02: “A change in the name of the applicant under 37 CFR 1.46 recorded pursuant to Hague Agreement Article 16(1)(ii) may also be effective to change the name of the applicant in a nonprovisional…
Read MoreCan multiple representatives be appointed for a single international design application?
According to the Hague Agreement rules, as cited in the MPEP, only one representative can be officially recognized for a single international design application. Specifically, the MPEP states: Only one representative may be appointed in respect of a given international application or international registration. Where the appointment indicates several representatives, only the one indicated first…
Read MoreCan an international design application include multiple embodiments?
Generally, an international design application designating the United States should not include multiple embodiments of the claimed design. According to MPEP 2920.04(a): “The specification may not include statements that describe or suggest other embodiments of the claimed design which are not illustrated in the drawing disclosure, except one that is a mirror image of that…
Read MoreWhat happens if multiple designs are shown in an international design application?
According to MPEP 2920.05(b), if multiple designs are shown in an international design application designating the United States: The applicant will be required to limit the application to a single independent and distinct design. This requirement may be made by the USPTO as an Office action. Alternatively, it may be made by WIPO at the…
Read MoreWhat happens if an international design application contains more than one independent and distinct design?
If an international design application contains more than one independent and distinct design, the examiner will issue a notification of refusal or other Office action requiring the applicant to elect one independent and distinct design for prosecution. According to MPEP 2920.05(b): “If more than one independent and distinct design is claimed in the nonprovisional international…
Read MoreNo Additional FAQs
All relevant information from MPEP 2904 – Who May File An International Design Application has been thoroughly covered in the previously generated FAQs. No additional questions can be formulated without redundancy. To learn more: international design application MPEP patent law
Read MoreWhat are the mandatory contents of an international design application?
The mandatory contents of an international design application, as specified in MPEP 2909, include: A request for international registration Applicant information Reproductions or specimens of the industrial design Designation of at least one Contracting Party As stated in the MPEP, “Rule 7(1) specifies the mandatory contents of an international design application.” These elements are essential…
Read MoreCan a legal entity be listed as an inventor in a U.S. design patent application?
No, a legal entity cannot be listed as an inventor in a U.S. design patent application. The MPEP 2920.01 clearly states: “Under the laws of certain foreign countries, the creator may be a legal entity. Under U.S. national law, however, the inventor cannot be a juristic entity.” This means that while some foreign countries may…
Read MoreHow is the language requirement handled in international design applications?
The language requirement for international design applications is addressed in MPEP 2909 as follows: The international design application must be in English, French, or Spanish Any required translation is the responsibility of the International Bureau The USPTO only accepts international design applications filed in English The MPEP states: “Rule 6 details the language requirements for…
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