How does the “one independent and distinct design” requirement apply to international design applications?
The requirement for only one independent and distinct design applies to nonprovisional international design applications designating the United States. Key points include: U.S. law requires that only one independent and distinct design may be claimed in a single application. If more than one independent and distinct design is claimed, the examiner will require the applicant…
Read MoreWhat is the process for issuing Office actions in international design applications?
The process for issuing Office actions in international design applications is outlined in MPEP 2920.05(f). The key points are: “The examiner should issue an Office action if deficiencies are found during examination. The Office action should clearly set forth all requirements that must be met for the application to be in condition for allowance.” Office…
Read MoreWhat are the requirements for the oath or declaration in international design applications designating the United States?
For international design applications designating the United States, there are specific requirements regarding the oath or declaration: 1. The application must contain an oath or declaration of the creator. 2. The application must include indications concerning the identity of the creator. As stated in the MPEP, “Additionally, pursuant to Rule 8(1), the United States declared…
Read MoreWhat are the requirements for numbering views in international design application reproductions?
What are the requirements for numbering views in international design application reproductions? Numbering views in international design application reproductions must follow specific guidelines: Each view should be numbered consecutively using Arabic numerals. Numbers should be placed outside the reproduction area, preferably in the top left corner. The numbering should be consistent across all views and…
Read MoreHow should reproductions be numbered in international design applications?
The numbering of reproductions in international design applications is governed by Administrative Instruction 405 of the Hague Agreement. The key points are: Numbering should appear in the margin of each photograph or graphic representation For multiple designs or views, use a two-part numbering system: The first number represents the design The second number (after a…
Read MoreWhat is a Notification of Refusal in international design applications?
A Notification of Refusal is a communication from the USPTO to the International Bureau regarding an international design application. It indicates that the conditions for granting protection under U.S. law are not met for some or all of the industrial designs in the application. As stated in the MPEP, “Under Article 12 of the Hague…
Read MoreHow many independent and distinct designs can be claimed in a single international design application designating the United States?
The United States allows only one independent and distinct design to be claimed in a single international design application. This limitation is based on a specific declaration made under the Hague Agreement. As stated in the MPEP, “Pursuant to Article 13(1), the United States declared that only one independent and distinct design may be claimed…
Read MoreWhat are the key sources for definitions in international design applications?
The key sources for definitions in international design applications are: 35 U.S.C. 381 37 CFR 1.9 and 1.1001 Article 1 of the Hague Agreement Rule 1 of the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement As stated in MPEP 2902: “Definitions of relevant terms are set forth in…
Read MoreWhat is the examination process for international design applications designating the United States?
International design applications designating the United States are examined pursuant to title 35, United States Code. The examination process is generally similar to that of design applications filed under 35 U.S.C. chapter 16, with a few key differences: The Office sends a Notification of Refusal to the International Bureau for forwarding to the holder of…
Read MoreHow can applicants indicate matter not forming part of the design in international design applications?
In international design applications, applicants have multiple options to indicate matter that is shown in a reproduction but for which protection is not sought. According to MPEP 2920.04(b): “In addition to the use of broken or dotted lines to indicate matter shown in a reproduction for which protection is not sought, Administrative Instruction 403 permits…
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