What is the United States’ policy on deferment of publication for international design applications?
The United States does not allow deferment of publication for international design applications designating the U.S. This policy is based on a specific declaration made under the Hague Agreement. As stated in the MPEP, “Pursuant to Article 11(1)(b), the United States declared that where the United States is designated in an international design application, it…
Read MoreWhat is the individual designation fee structure for international design applications designating the United States?
The United States has implemented a two-part individual designation fee structure for international design applications designating the U.S. under the Hague Agreement: 1. A first part payable at filing 2. A second part payable upon allowance of the application As stated in the MPEP, “Pursuant to Article 7(2) and Rule 12(3), the United States declared…
Read MoreWhat are the key declarations made by the United States under the Hague Agreement?
The United States made several key declarations under the Hague Agreement, including: An international design application designating the U.S. must contain a specific claim. An oath or declaration of the creator and indications of the creator’s identity are required. Deferment of publication is not possible for U.S. designations. Only one independent and distinct design may…
Read MoreWhat is the “unity of design” requirement in international design applications?
The “unity of design” requirement in international design applications refers to the principle that an application should contain only one independent and distinct design. According to MPEP 2920.05(b): “The examiner should determine whether the application complies with the unity of design requirement. This requirement is considered during both formalities review and substantive examination.” If an…
Read MoreWhat are the consequences of undescribed broken lines in international design application drawings?
Undescribed broken lines in international design application drawings can lead to a rejection under 35 U.S.C. 112(b) for indefiniteness. The MPEP provides a form paragraph for examiners to use in such cases: “The claim is rejected for failing to particularly point out and distinctly claim the invention as required in 35 U.S.C. 112(b). The claim…
Read MoreWhat is the time limit for requesting reconsideration of a refused petition under 37 CFR 1.1051?
When a petition under 37 CFR 1.1051 is refused by the USPTO, there is a specific time limit for requesting reconsideration or review of the decision. This time limit is outlined in 37 CFR 1.1051(b). The MPEP states: “Where a petition under 37 CFR 1.1051(a) is refused by the Office, any request for reconsideration or…
Read MoreWhat is the time limit for filing a foreign priority claim in international design applications?
The time limit for filing a foreign priority claim in international design applications is specified in 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1). According to MPEP 2920.05(d): “Pursuant to 35 U.S.C. 119(a) and 172, and 37 CFR 1.55(b)(1), the nonprovisional international design application must be filed not later than six months after the…
Read MoreWhy is a terminal disclaimer required for petitions to excuse unintentional delay in international design applications?
A terminal disclaimer is required for petitions to excuse unintentional delay in international design applications to prevent the applicant from unfairly extending the patent term due to the delay. This requirement is specified in 37 CFR 1.1051(d). The MPEP explains: “Pursuant to 37 CFR 1.1051(d), any petition under 37 CFR 1.1051(a) must be accompanied by…
Read MoreWhat are the guidelines for surface treatment in international design application reproductions?
What are the guidelines for surface treatment in international design application reproductions? Surface treatment in international design application reproductions must follow specific guidelines: Surface treatment should be clearly shown as part of the claimed design. It must be applied to appropriate surfaces and consistent across all views. Dot shading, stippling, or hatching can be used…
Read MoreWhat are the requirements for surface shading in reproductions for international design applications?
What are the requirements for surface shading in reproductions for international design applications? Surface shading in reproductions for international design applications is addressed in MPEP 2909.02. The key points regarding surface shading are: Surface shading is permitted in reproductions. The purpose of surface shading is to aid in understanding the contour and shape of the…
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