How does 35 U.S.C. 112 apply to international design applications?

The requirements of 35 U.S.C. 112(a) and (b) apply to nonprovisional international design applications. As stated in the MPEP, “The requirements of 35 U.S.C. 112(a) and (b) apply to nonprovisional international design applications. See 35 U.S.C. 389.” This means that international design applications must meet the same written description, enablement, and definiteness requirements as domestic…

Read More

Are the rules for utility patents applicable to design patents?

Yes, the rules for utility patents are generally applicable to design patents, with some exceptions. This is clearly stated in 37 CFR 1.151: “The rules relating to applications for patents for other inventions or discoveries are also applicable to applications for patents for designs except as otherwise provided.” However, it’s important to note that there…

Read More

How do international design applications under the Hague Agreement differ from regular design patent applications?

International design applications filed under the Hague Agreement have some distinct features compared to regular design patent applications: They are governed by 35 U.S.C. chapter 38, which provides for international registration of industrial designs. Certain provisions of 35 U.S.C. chapter 16 (which governs regular design patents) are made applicable to international design applications. As stated…

Read More

How does the Hague Agreement affect design patent priority claims?

The Hague Agreement Concerning the International Registration of Industrial Designs has expanded the options for claiming priority in design patent applications. According to MPEP 1504.10: “For design applications filed on or after May 13, 2015, a claim for priority may be made pursuant 35 U.S.C. 386(a) to an international design application filed under the Geneva…

Read More

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 More

How does the USPTO handle priority claims in international design applications?

The USPTO handles priority claims in international design applications as follows: Priority claims are made in the international design application before WIPO. The USPTO does not review or make any determination regarding the validity of such priority claims during national stage examination. Applicants are not required to submit certified copies of the priority documents to…

Read More

What 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 More

How 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 More