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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreHow 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…
Read MoreWhat 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…
Read MoreCan 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…
Read MoreHow does an international design application become a U.S. patent?
An international design application becomes a U.S. patent through a specific process outlined in MPEP 2950. The key points are: The Director of the USPTO must cause an examination of the international design application designating the United States. The application is examined under the provisions of Chapter 16 of Title 35 U.S.C., similar to regular…
Read MoreWhat are the requirements for the title in an international design application?
The title in an international design application must designate the particular article in which the design is embodied. According to MPEP 2920.04(a), “The title of the design identifies the article in which the design is embodied by the name generally known and used by the public.” The title must correspond with the claim, but may…
Read MoreWhat 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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