How does pre-AIA 35 U.S.C. 102(e) apply to international applications?
Pre-AIA 35 U.S.C. 102(e) applies to certain international applications as prior art. According to the MPEP, The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if the international filing date was on or after November 29, 2000, the international application designated the United States, and 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 forms are available for managing representation in international design applications?
The International Bureau provides several forms to manage representation in international design applications. According to the MPEP: The International Bureau makes available forms for the appointment of a representative (form DM/7), requesting the recording of a change in name and/or address of the representative (form DM/8), and cancellation of recording of appointment of a representative…
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 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 role of the International Bureau in determining the filing date of international design applications?
The International Bureau plays a crucial role in determining the filing date of international design applications. According to MPEP 2908, the International Bureau is responsible for determining the “effective registration date,” which typically serves as the filing date in the United States. 35 U.S.C. 381(a)(4) defines the International Bureau as: “The term ‘International Bureau’ means…
Read MoreHow does the publication of an international application affect the protest submission period?
The publication of an international application under the Patent Cooperation Treaty (PCT) does not affect the protest submission period for national stage applications. According to MPEP 1901.04: “Publication under the Patent Cooperation Treaty (PCT) by the World Intellectual Property Organization (WIPO) of an international application would not trigger the end of the 37 CFR 1.291(b)…
Read MoreWhat is the Hague System Fee Calculator and how is it used?
The Hague System Fee Calculator is an online tool provided by the International Bureau to help applicants determine the fees for an international design application. As mentioned in MPEP 2910: “The International Bureau provides an online fee calculator tool (“Hague System Fee Calculator”) to help applicants quickly determine the amount of application fees that will…
Read MoreWhat is the Hague Agreement in relation to international design applications?
The Hague Agreement is a crucial international treaty for design patents. While not explicitly defined in MPEP 2902, it’s frequently referenced in the context of international design applications. The Hague Agreement establishes a system for international registration of industrial designs, allowing applicants to obtain design protection in multiple countries through a single application. MPEP 2902…
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