How can applicants indicate matter not sought for protection in international design applications?
In international design applications, applicants can indicate matter shown in a reproduction for which protection is not sought using two methods, as per Administrative Instruction 403: In the description referred to in Rule 7(5)(a) By means of dotted or broken lines or coloring The MPEP advises: “When using broken or dotted lines or coloring in…
Read MoreWhat are the Information Disclosure Statement (IDS) requirements for international design applications?
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications: The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application. An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98,…
Read MoreHow should an applicant reply to a Notification of Refusal?
When replying to a Notification of Refusal for an international design application, applicants should keep the following points in mind: The reply must be filed directly with the USPTO, not through the International Bureau. As stated in 37 CFR 1.1063(b), “Any reply to the notification of refusal must be filed directly with the Office and…
Read MoreHow are inconsistencies in reproductions handled in international design applications?
Inconsistencies in reproductions are addressed based on their severity. According to MPEP 2920.04(b): 1. Minor inconsistencies: “When inconsistencies are found among the views, the examiner should object to the reproductions and request that the views be made consistent.” 2. Major inconsistencies: “When the inconsistencies are of such magnitude that the overall appearance of the design…
Read MoreWhat happens if a foreign priority document is not available through the International Bureau’s Digital Access Service (DAS)?
If a foreign priority document is not available through the International Bureau’s Digital Access Service (DAS), the following steps may be necessary: The applicant may need to submit the priority document directly to the USPTO. The USPTO may issue a requirement for the applicant to provide the priority document. The applicant should be prepared to…
Read MoreWhat is the Hague Agreement in relation to international design applications?
The Hague Agreement is a crucial international treaty for design patents. While not explicitly defined in MPEP 2902, it’s frequently referenced in the context of international design applications. The Hague Agreement establishes a system for international registration of industrial designs, allowing applicants to obtain design protection in multiple countries through a single application. MPEP 2902…
Read MoreWhat are the guidelines for numbering reproductions in international design applications?
What are the guidelines for numbering reproductions in international design applications? The guidelines for numbering reproductions in international design applications are outlined in MPEP 2909.02. Key points include: Each reproduction must be numbered separately using two separate numbers separated by a dot. The first number indicates the design number, and the second number indicates the…
Read MoreWhat are the grounds for refusal in a Notification of Refusal?
According to MPEP 2920.05(a), the grounds for refusal in a Notification of Refusal may include: Rejections based on conditions for patentability under title 35, United States Code, such as: 35 U.S.C. 171 (design patent) 35 U.S.C. 102 (novelty) 35 U.S.C. 103 (non-obviousness) 35 U.S.C. 112 (written description, enablement, definiteness) Requirements for restriction (where more than…
Read MoreHow are formal drawings handled in international design applications?
Formal drawings in international design applications are handled according to specific requirements outlined in the MPEP 2920.05(c). The key points are: Drawings must meet the standards set forth in 37 CFR 1.84 and MPEP 1503.02. Examiners should review drawings for compliance during both formalities review and substantive examination. If deficiencies are found, the examiner may…
Read MoreWhat is foreign priority in international design applications?
Foreign priority in international design applications refers to the right to claim priority to an earlier filed foreign application or international design application. According to MPEP 2920.05(d), this right is granted under 35 U.S.C. 386(a) and (b): “Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign…
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