What happens if a juristic entity is incorrectly listed as an inventor in an international design application?

If a juristic entity is incorrectly listed as an inventor in an international design application designating the United States, it will result in a rejection of the application. The MPEP 2920.01 provides specific guidance on this issue: “Where a nonprovisional international design application identifies a juristic entity as an inventor, Form Paragraph 29.04 should be…

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What should I consider regarding inventorship when responding to a restriction requirement in an international design application?

When responding to a restriction requirement in an international design application, it’s important to consider the potential need to correct inventorship. This is particularly relevant if you’re cancelling non-elected designs, as it may affect who qualifies as an inventor for the remaining design(s). According to MPEP 2920.05(b): “Applicants should consider the need to correct inventorship…

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What are the requirements for an inventor’s oath or declaration in an international design application designating the United States?

An international design application designating the United States must include the inventor’s oath or declaration. According to 37 CFR 1.1021(d)(3), the oath or declaration must comply with the requirements set forth in 37 CFR 1.63 and 1.64. The MPEP states: International design applications designating the United States are required to contain the inventor’s oath or…

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What are the requirements for the inventor’s oath or declaration in an international design application?

International design applications designating the United States are required to contain the inventor’s oath or declaration. According to MPEP 2920.04(c): “International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64).” Key points: The International Bureau reviews applications to ensure the required inventor’s oath or…

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How does the inventor’s oath or declaration relate to the duty of disclosure in international design applications?

The inventor’s oath or declaration in international design applications designating the United States is directly related to the duty of disclosure. According to MPEP 2920.05(f): “The requirement under 37 CFR 1.63(c) and 1.64(c) that a person may not execute the inventor’s oath or declaration for an application unless that person is aware of the duty…

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What is the role of the publication of the international registration in determining the correspondence address?

The publication of the international registration plays a significant role in determining the correspondence address for a nonprovisional international design application. According to 37 CFR 1.1066(a), if the correspondence address is not established through other means, the USPTO will use: The address of the applicant’s representative identified in the publication of the international registration, or…

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Can an international design application claim benefit to a provisional application?

No, an international design application designating the United States cannot claim benefit to a provisional application. This is explicitly stated in the MPEP: An international design application designating the United States may not claim benefit to a provisional application. See 37 CFR 1.78(a). This restriction is important for applicants to understand when considering their filing…

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What are the requirements for reproductions (drawings) in an international design application?

Reproductions in international design applications must comply with the requirements of Rule 9 and Part Four of the Administrative Instructions, as stated in 37 CFR 1.1026. Key points include: Every application must include a reproduction of the claimed design. Reproductions can be drawings (black and white or color) or photographs. The drawing or photograph must…

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