What information is required when appointing a representative for an international design application?
When appointing a representative for an international design application, the following information is typically required: Name and address of the representative: The MPEP states that The communication to appoint a representative shall contain the name and address, given in accordance with the Administrative Instructions, and email address of the representative. Email address of the representative:…
Read MoreWho can represent an applicant in an international design application?
An applicant in an international design application can be represented in two main ways: Before the International Bureau: The applicant can appoint a representative in accordance with Rule 3 of the Hague Agreement. As stated in the MPEP, Rule 3 does not provide for any requirement as to professional qualification, nationality, or domicile regarding who…
Read MoreWhat forms are available for managing representation in international design applications?
The International Bureau provides several forms to manage representation in international design applications. According to the MPEP: The International Bureau makes available forms for the appointment of a representative (form DM/7), requesting the recording of a change in name and/or address of the representative (form DM/8), and cancellation of recording of appointment of a representative…
Read MoreHow does the publication process work for international design applications?
The publication process for international design applications under the Hague Agreement involves several key aspects: Timing of Publication: The MPEP states, “For applications filed on or after January 1, 2022, absent a request for immediate publication or deferment, the registration will be published twelve months after the date of international registration, or as soon as…
Read MoreHow are publication and issue fees handled for international design applications entering U.S. national processing?
For international design applications entering U.S. national processing, the handling of publication and issue fees differs from standard U.S. design applications. The MPEP 2920 provides important information: “The publication fee set forth in 37 CFR 1.18(b)(1) is not required for an international design application designating the United States that was published by the International Bureau.”…
Read MoreWhen does an international design application become publicly available in the United States?
An international design application designating the United States becomes publicly available after its publication under Article 10(3) of the Hague Agreement. The MPEP states: “The U.S. application file will be made available to the public via Patent Center after publication under Article 10(3) of an international registration designating the United States.” Prior to publication, access…
Read MoreWhen does protection begin for international design applications in designated Contracting Parties?
The timing of protection for international design applications can vary among designated Contracting Parties. According to the MPEP: “Contracting Parties vary as to when protection begins within their territories, the duration of protection, and notification of protection. For some Contracting Parties, the effect of a grant of protection begins on the international registration date; for…
Read MoreHow does representation work when an international design application becomes a national application?
When an international design application transitions to a national application, the rules for representation change. The MPEP provides clear guidance on this matter: For purposes of representation before the Office during prosecution of an international design application that became a national application (see 37 CFR 1.9(a)(1)), the regulations governing national applications shall apply. See 37…
Read MoreWhat happens if an international design application designating the US contains multiple designs?
What happens if an international design application designating the US contains multiple designs? When an international design application designating the United States contains multiple designs, it will be subject to a restriction requirement. According to MPEP 2920: “An international design application designating the United States may be subject to a restriction requirement pursuant to the…
Read MoreHow is inventorship determined in an international design application designating the United States?
According to MPEP 2920.01, inventorship in an international design application designating the United States is determined based on the creator or creators listed in the publication of the international registration. Specifically, the MPEP states: “Pursuant to 37 CFR 1.41(f), the inventorship of an international design application designating the United States is the creator or creators…
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