How can applicants claim benefit of earlier filing dates in international design applications?

Applicants can claim the benefit of earlier filing dates in international design applications designating the United States under certain conditions: Claims can be made under 35 U.S.C. 386(c) to prior nonprovisional applications, international applications (PCT) designating the US, or international design applications designating the US. The international design application must be entitled to a filing…

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What are the claim requirements for international design applications designating the United States?

For international design applications designating the United States, there are specific claim requirements: 1. The application must contain a claim. 2. The claim must use specific wording in formal terms. As stated in the MPEP, “Pursuant to Article 5(2)(a) and Rule 11(3), the United States declared that an international design application designating the United States…

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How do I claim foreign priority in an international design application?

To claim foreign priority in an international design application designating the United States, you have two options according to MPEP 2920.05(d): Claim priority in accordance with the Hague Agreement and Regulations. In a nonprovisional international design application, present the priority claim in an application data sheet (ADS). The MPEP states: “In an international design application…

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Are certified copies of priority documents required for international design applications at the USPTO?

For international design applications, certified copies of priority documents are generally not required to be submitted to the USPTO. The key points are: Applicants do not need to submit certified copies of priority documents to the USPTO for international design applications. The USPTO relies on the priority claim information provided through WIPO. However, the USPTO…

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How should broken lines be used in international design application reproductions?

How should broken lines be used in international design application reproductions? Broken lines in international design application reproductions serve specific purposes and must be used correctly. The MPEP 2920.04(b) states: “Broken lines may be used to show visible environmental structure, but may not be used to show hidden planes and surfaces that cannot be seen…

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What does “Article” refer to in MPEP Chapter 2900?

In MPEP Chapter 2900, the term “Article” has a specific meaning. According to MPEP 2902: “As used in MPEP Chapter 2900, ‘Article’ means an article of the Hague Agreement” This definition is important for understanding references to specific Articles within the context of international design applications and the Hague Agreement. To learn more: Hague Agreement…

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What is the Administrative Instruction in the context of international design applications?

The Administrative Instruction is a specific document related to the Hague Agreement for international design applications. According to MPEP 2902: “‘Administrative Instruction’ means the Administrative Instruction for the Application of the Hague Agreement referred to in Rule 34.” This document provides detailed instructions for the application of the Hague Agreement, complementing the Rules and Articles.…

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