What additional requirements are there for international design applications designating the United States?
International design applications designating the United States must include additional elements as specified in 37 CFR 1.1021(d): A claim (37 CFR 1.1021(b)(1)(iii) and 37 CFR 1.1025) Indications concerning the identity of the creator (inventor) The inventor’s oath or declaration (37 CFR 1.63 and 1.64) The MPEP states: “A claim is a filing date requirement for…
Read MoreAre specimens allowed in international design applications designating the United States?
No, specimens are not permitted in international design applications designating the United States. The MPEP clearly states: “In addition, specimens are not permitted in international design applications designating the United States. See 37 CFR 1.1027.“ This restriction is important for applicants to be aware of when preparing their international design applications that include the United…
Read MoreWhat is the recommended content for the specification in an international design application designating the United States?
For international design applications designating the United States, the MPEP recommends including specific content in the specification: “An international design application designating the United States must include a specification as prescribed by 35 U.S.C. 112 and preferably include a brief description of the reproductions pursuant to Rule 7(5)(a) describing the view or views of the…
Read MoreCan an international design application designating the United States include a request for deferment of publication?
No, an international design application designating the United States cannot include a request for deferment of publication. This is explicitly stated in the MPEP: “An international design application designating the United States may not contain a request for deferment of publication. See 37 CFR 1.1028.“ This restriction is important for applicants to note when preparing…
Read MoreWhat effect does a PCT application designating the US have on filing subsequent US applications?
A PCT application designating the United States has significant effects on filing subsequent U.S. applications. According to 35 U.S.C. 363, “An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark…
Read MoreHow can an applicant claim the benefit of an international application’s filing date?
To claim the benefit of an international application’s filing date, the following conditions must be met according to MPEP 211.01(c): The international application must designate the United States The international application must be entitled to a filing date in accordance with PCT Article 11 The later-filed application must be filed during the pendency of the…
Read MoreWhat is the effect of an international application designating the United States?
An international application designating the United States has significant effects as outlined in MPEP 1810 and 35 U.S.C. 363: For applications subject to the America Invents Act (AIA): “An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for…
Read MoreWhat happens if an international application designating the US is withdrawn?
What happens if an international application designating the US is withdrawn? If an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, it cannot serve as the basis for priority in a subsequent U.S. application. The MPEP states: “An international application designating the United States…
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