What is the filing date of an international design application in the United States?
According to MPEP 2908, the filing date of an international design application in the United States is typically the “effective registration date.” This is defined in 35 U.S.C. 381(a)(5) as “the date of international registration determined by the International Bureau under the treaty.” Specifically, 35 U.S.C. 384(a) states: “Subject to subsection (b), the filing date…
Read MoreWhat are the filing date requirements for an international design application?
The filing date requirements for an international design application are outlined in MPEP 2906. The International Bureau will accord a filing date to an application that meets the following criteria: The application is in one of the prescribed languages (English, French, or Spanish) It includes an indication that international registration under the Hague Agreement is…
Read MoreCan international design application fees be paid through the USPTO?
Yes, certain international fees for an international design application can be paid through the USPTO, but with specific conditions. According to MPEP 2910: “Certain international fees payable to the International Bureau may be paid through the USPTO as an office of indirect filing, provided such fees are paid no later than the date of payment…
Read MoreWhat fees are required for an international design application?
An international design application is subject to several fees, as outlined in MPEP 2910: Basic fee Publication fee(s) Designation fee(s) Additional word fee (if the description exceeds 100 words) Transmittal fee (for applications filed through the USPTO as an office of indirect filing) The specific amounts can be calculated using the Hague System Fee Calculator…
Read MoreWhat happens if there are errors in the international design application when it enters national processing?
When an international design application enters national processing in the United States, the USPTO will review the application for compliance with U.S. laws and regulations. If errors are found, the USPTO may issue an Office action to address these issues. According to MPEP 2920: “Where the international design application fails to comply with the requirements…
Read MoreIs a description required in an international design application?
According to MPEP 2920.04(a), a description is not ordinarily required in an international design application beyond a brief description of the drawing. As stated in the MPEP: “No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a rule the illustration in the drawing views…
Read MoreWhat are the requirements for the claim in an international design application?
The requirements for the claim in an international design application are set forth in 37 CFR 1.1025. Key points include: Only one claim is permitted for purposes of the United States. The claim must be in formal terms to the ornamental design for the article (specifying the name of the article) as shown, or as…
Read MoreCan an international design application claim benefit of a prior U.S. patent application?
Yes, an international design application can claim benefit of a prior U.S. patent application. This is explicitly stated in MPEP 2920.05(e): “An international design application designating the United States may make a claim for benefit of an earlier filing date in accordance with the law and procedure of the United States.” Furthermore, the MPEP clarifies:…
Read MoreWho can be the applicant in a nonprovisional international design application?
The applicant in a nonprovisional international design application can be: The inventor(s) The assignee The person to whom the inventor is under an obligation to assign the invention The person who otherwise shows sufficient proprietary interest in the matter According to MPEP 2920.02, “The rules governing the applicant for patent set forth in 37 CFR…
Read MoreWhat is the role of the International Bureau in determining the filing date of international design applications?
The International Bureau plays a crucial role in determining the filing date of international design applications. According to MPEP 2908, the International Bureau is responsible for determining the “effective registration date,” which typically serves as the filing date in the United States. 35 U.S.C. 381(a)(4) defines the International Bureau as: “The term ‘International Bureau’ means…
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