What is the Hague Agreement and how does it affect international design applications?
The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. The MPEP explains: The Hague Agreement is an international agreement that enables an applicant to file a single international design application which may have the effect of…
Read MoreHow does the USPTO handle priority claims in international design applications?
The USPTO handles priority claims in international design applications as follows: For international design applications designating the United States, the USPTO acts as an office of indirect filing. Priority claims must be made in the international design application when filed with the International Bureau. The USPTO will not transmit a priority claim made in a…
Read MoreWhat are the requirements for certified copies in international design applications?
The requirements for certified copies in international design applications are as follows: A certified copy of the foreign application is not required in an international design application. The International Bureau obtains priority documents directly from offices participating in the Digital Access Service (DAS) or the Priority Document Exchange (PDX) program. For offices not participating in…
Read MoreHow can an applicant claim benefit of an international design application?
To claim benefit of an international design application designating the United States, the following requirements must be met: The claim must be made in a nonprovisional application, international application, or international design application filed on or after May 13, 2015 The international design application must be entitled to a filing date in accordance with 37…
Read MoreHow does the Digital Access Service (DAS) affect international design applications?
The Digital Access Service (DAS) plays a significant role in international design applications: DAS facilitates the exchange of priority documents between participating offices. For applications filed in DAS-participating offices, the International Bureau can retrieve priority documents directly. This eliminates the need for applicants to submit certified copies in many cases. Applicants should ensure their priority…
Read MoreWhat changes were introduced by the Patent Law Treaties Implementation Act (PLTIA)?
The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures: Restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design…
Read MoreWhat are the different types of patent applications?
According to MPEP 201.02, there are several types of patent applications: National applications Provisional applications Nonprovisional applications International applications International design applications The definitions for these terms can be found in 37 CFR 1.9. Additionally, applications can be classified as ‘original’ or ‘continuing’ applications. An original application may be a first filing or a continuing…
Read MoreWhat are the time periods for filing a claim for foreign priority in a U.S. patent application?
The time periods for filing a priority claim depend on the type of application: For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months…
Read MoreWhat are the changes to priority and benefit claims under the Patent Law Treaties Implementation Act (PLTIA)?
The Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including: Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline Ability to file international design applications Claiming priority to and benefit of international design applications The MPEP…
Read MoreWhat is the Hague Agreement and how does it affect international design applications?
The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. Key points about the Hague Agreement and international design applications include: The United States became a Contracting Party to the Hague Agreement on May 13, 2015. An…
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