How does the International Bureau review the inventor’s oath or declaration in international design applications?
The International Bureau plays a crucial role in reviewing the inventor’s oath or declaration for international design applications designating the United States. The MPEP states: The International Bureau reviews international design applications designating the United States to ensure that the required inventor’s oath or declaration is provided for the inventors identified in the international design…
Read MoreWhat is the individual designation fee for the United States in an international design application?
The individual designation fee for the United States in an international design application consists of two parts, as described in MPEP 2910: “The United States has made a declaration under Article 7(2) and requires an individual designation fee that is payable in a first part at filing and second part payable upon allowance of the…
Read MoreWhat is indirect filing of an international design application?
Indirect filing of an international design application refers to the process of submitting the application through the office of the applicant’s Contracting Party rather than directly with the International Bureau. MPEP 2905 explains: “Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or…
Read MoreWhat is the timeline for submitting an IDS in an international design application?
The timeline for submitting an Information Disclosure Statement (IDS) in an international design application designating the United States is outlined in MPEP 2920.05(f): At filing: An applicant may submit an IDS using Annex III to the official application form (DM/1 form) when filing the international design application. Preferred timing: “The Office would prefer to receive…
Read MoreHow can an application identify an international design application when claiming benefit under 35 U.S.C. 386(c)?
When an application is claiming benefit under 35 U.S.C. 386(c) to an international design application designating the United States, it can identify the international design application in one of two ways: By the U.S. application number By the international registration number and U.S. filing date under 37 CFR 1.1023 This is specified in the MPEP:…
Read MoreWhat happens if there are irregularities in an international design application?
If the International Bureau finds irregularities in an international design application, the following process occurs: The International Bureau will invite the applicant to make required corrections within three months from the date of the invitation. If the irregularity is one that affects the filing date (as prescribed in Rule 14(2)), the filing date will be…
Read MoreHow does the USPTO handle hand-delivered international design applications?
How does the USPTO handle hand-delivered international design applications? The USPTO accepts hand-delivered international design applications. According to MPEP 2905, these applications can be “delivered by hand to the USPTO.” However, it’s important to note that specific procedures apply: Hand-delivered applications should be brought to the USPTO Customer Service Window. The Customer Service Window is…
Read MoreWhat is the Hague System Fee Calculator and how is it used?
The Hague System Fee Calculator is an online tool provided by the International Bureau to help applicants determine the fees for an international design application. As mentioned in MPEP 2910: “The International Bureau provides an online fee calculator tool (“Hague System Fee Calculator”) to help applicants quickly determine the amount of application fees that will…
Read MoreHow does the Hague Agreement affect the filing date of international design applications in the US?
The Hague Agreement significantly influences the filing date of international design applications in the United States. MPEP 2908 outlines how the agreement interacts with U.S. patent law: 1. The Hague Agreement establishes the concept of an “effective registration date,” which is determined by the International Bureau. 2. According to 35 U.S.C. 384(a): “Subject to subsection…
Read MoreWho can file an international design application under the Hague Agreement?
To file an international design application under the Hague Agreement, an applicant must meet specific eligibility criteria. According to the MPEP: “To be entitled to file an international design application, the applicant must be a national of a State that is a Contracting Party or of a State member of an intergovernmental organization that is…
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