How does the Hague Agreement affect the filing date of international design applications in the US?
The Hague Agreement significantly influences the filing date of international design applications in the United States. MPEP 2908 outlines how the agreement interacts with U.S. patent law: 1. The Hague Agreement establishes the concept of an “effective registration date,” which is determined by the International Bureau. 2. According to 35 U.S.C. 384(a): “Subject to subsection…
Read MoreWho can file an international design application under the Hague Agreement?
To file an international design application under the Hague Agreement, an applicant must meet specific eligibility criteria. According to the MPEP: “To be entitled to file an international design application, the applicant must be a national of a State that is a Contracting Party or of a State member of an intergovernmental organization that is…
Read MoreWhat are the grounds for refusal in a Notification of Refusal?
According to MPEP 2920.05(a), the grounds for refusal in a Notification of Refusal may include: Rejections based on conditions for patentability under title 35, United States Code, such as: 35 U.S.C. 171 (design patent) 35 U.S.C. 102 (novelty) 35 U.S.C. 103 (non-obviousness) 35 U.S.C. 112 (written description, enablement, definiteness) Requirements for restriction (where more than…
Read MoreIs there a grace period for paying maintenance fees?
Yes, there is a grace period for paying maintenance fees. According to MPEP 2501: “Unless payment of the applicable maintenance fee under paragraph (1) is received in the Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent shall expire as of the end…
Read MoreHow should foreign entities pay patent maintenance fees to the USPTO?
Foreign entities must adhere to specific requirements when paying patent maintenance fees to the USPTO. MPEP 2522 provides the following guidance: “Any remittance from a foreign country must be payable and immediately negotiable in the United States for the full amount of the maintenance fee and/or surcharge required.“ This means that foreign entities should ensure…
Read MoreWhere can I find the phone number to check patent maintenance fee status?
The MPEP does not directly provide the phone number for checking patent maintenance fee status in section 2570. However, it does provide guidance on where to find this information: “See MPEP § 1730 for the telephone number.” To find the correct phone number: Refer to MPEP § 1730 Look for the contact information for the…
Read MoreHow does a final federal court decision affect a supplemental examination proceeding?
The effect of a final federal court decision on a supplemental examination proceeding depends on the nature of the decision. According to MPEP 2816: Upholding validity: “A final federal court decision, i.e., after all appeals, which upholds the validity of one or more of the patent claims also has no binding effect on the supplemental…
Read MoreHow do I file papers in an ex parte reexamination resulting from a supplemental examination?
When filing papers in an ex parte reexamination resulting from a supplemental examination, follow these guidelines as per MPEP 2806: Use the USPTO’s Patent Electronic Filing System-Web (EFS-Web) or Patent Center for electronic filing. For paper filings, send documents to: Mail Stop Ex Parte Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. Include…
Read MoreDo I need to renumber figures after cancelling non-elected designs in an international design application?
No, you do not need to renumber figures after cancelling non-elected designs in an international design application. In fact, it is recommended that you maintain the original numbering to ensure consistency with the published International Registration. As stated in MPEP 2920.05(b): “Renumbering of the figures following cancellation of non-elected embodiments is not required.“ The MPEP…
Read MoreHow are figure descriptions handled in international design applications?
Figure descriptions in international design applications are not required to be written in any particular format. However, according to MPEP 2920.04(a): “If they do not describe the views of the drawing clearly and accurately, the examiner should object to the unclear and/or inaccurate descriptions and suggest language which provides a clear and accurate description of…
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