When is a Statement of Grant of Protection issued for an international design application?
A Statement of Grant of Protection is issued by the United States Patent and Trademark Office (USPTO) after a patent has been granted on an international design application that designates the United States. This occurs specifically for nonprovisional international design applications. According to MPEP 2940: “Upon issuance of a patent on a nonprovisional international design…
Read MoreHow does the Statement of Grant of Protection differ from a patent grant?
While both a Statement of Grant of Protection and a patent grant indicate that protection has been granted for an industrial design, they serve different purposes and are issued in different contexts: Patent Grant: Is the official document issued by the USPTO that confers the legal right of the patent Provides detailed information about the…
Read MoreWhat is a Statement of Grant of Protection in international design applications?
A Statement of Grant of Protection is a formal notification sent by the United States Patent and Trademark Office (USPTO) to the International Bureau of the World Intellectual Property Organization (WIPO) after a patent is issued on an international design application designating the United States. This statement confirms that protection has been granted for the…
Read MoreWhat is the purpose of recording the Statement of Grant of Protection in the International Register?
The recording of the Statement of Grant of Protection in the International Register serves several important purposes in the context of international design applications. According to MPEP 2940, which cites Hague Rule 18bis(3): “The International Bureau shall record any statement received under this Rule in the International Register, inform the holder accordingly and, where the…
Read MoreCan a Statement of Grant of Protection be issued for only some designs in an international registration?
Yes, a Statement of Grant of Protection can be issued for only some of the designs in an international registration. This situation is specifically addressed in the Manual of Patent Examining Procedure (MPEP) 2940, which cites Hague Rule 18bis(1)(b)(iii): “Where the statement does not relate to all the industrial designs that are the subject of…
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 MoreWhat information is included in a Statement of Grant of Protection?
A Statement of Grant of Protection for an international design application contains specific information as outlined in the Manual of Patent Examining Procedure (MPEP) 2940. According to Hague Rule 18bis(1)(b), the statement must include: The Office making the statement (in this case, the USPTO) The number of the international registration Which industrial designs are covered…
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