Who can represent an applicant in an international design application?
An applicant in an international design application can be represented in two main ways: Before the International Bureau: The applicant can appoint a representative in accordance with Rule 3 of the Hague Agreement. As stated in the MPEP, Rule 3 does not provide for any requirement as to professional qualification, nationality, or domicile regarding who…
Read MoreHow does the publication process work for international design applications?
The publication process for international design applications under the Hague Agreement involves several key aspects: Timing of Publication: The MPEP states, “For applications filed on or after January 1, 2022, absent a request for immediate publication or deferment, the registration will be published twelve months after the date of international registration, or as soon as…
Read MoreWhen does protection begin for international design applications in designated Contracting Parties?
The timing of protection for international design applications can vary among designated Contracting Parties. According to the MPEP: “Contracting Parties vary as to when protection begins within their territories, the duration of protection, and notification of protection. For some Contracting Parties, the effect of a grant of protection begins on the international registration date; for…
Read MoreHow does representation work when an international design application becomes a national application?
When an international design application transitions to a national application, the rules for representation change. The MPEP provides clear guidance on this matter: For purposes of representation before the Office during prosecution of an international design application that became a national application (see 37 CFR 1.9(a)(1)), the regulations governing national applications shall apply. See 37…
Read MoreCan international design application fees be paid through the USPTO?
Yes, certain international fees for an international design application can be paid through the USPTO, but with specific conditions. According to MPEP 2910: “Certain international fees payable to the International Bureau may be paid through the USPTO as an office of indirect filing, provided such fees are paid no later than the date of payment…
Read MoreWhat fees are required for an international design application?
An international design application is subject to several fees, as outlined in MPEP 2910: Basic fee Publication fee(s) Designation fee(s) Additional word fee (if the description exceeds 100 words) Transmittal fee (for applications filed through the USPTO as an office of indirect filing) The specific amounts can be calculated using the Hague System Fee Calculator…
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 happens if there are errors in the international design application when it enters national processing?
When an international design application enters national processing in the United States, the USPTO will review the application for compliance with U.S. laws and regulations. If errors are found, the USPTO may issue an Office action to address these issues. According to MPEP 2920: “Where the international design application fails to comply with the requirements…
Read MoreIs a description required in an international design application?
According to MPEP 2920.04(a), a description is not ordinarily required in an international design application beyond a brief description of the drawing. As stated in the MPEP: “No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a rule the illustration in the drawing views…
Read MoreWhat are the requirements for the claim in an international design application?
The requirements for the claim in an international design application are set forth in 37 CFR 1.1025. Key points include: Only one claim is permitted for purposes of the United States. The claim must be in formal terms to the ornamental design for the article (specifying the name of the article) as shown, or as…
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