Who 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 MoreWhere can I find a list of Contracting Parties to the Hague Agreement?
If you’re looking for an up-to-date list of Contracting Parties to the Hague Agreement, the MPEP 2904 provides guidance on where to find this information: “A list of the Contracting Parties to the Hague Agreement is maintained on the website of the World Intellectual Property Organization ( www.wipo.int/hague/en/members/ ).” To access the current list of…
Read MoreWhat is the “effective registration date” for an international design application?
The “effective registration date” is a crucial concept for international design applications. According to 35 U.S.C. 381(a)(5), as referenced in MPEP 2908: “The term ‘effective registration date’ means the date of international registration determined by the International Bureau under the treaty.“ This date is significant because it typically serves as the filing date of an…
Read MoreWhat is the critical reference date for international applications?
For international applications, the critical reference date depends on whether the international application was filed before or on/after November 29, 2000. MPEP 2136.03 provides specific guidance: “If the international application has an international filing date prior to November 29, 2000, the international application was not published under 35 U.S.C. 122(b) by WIPO. Any U.S. patent…
Read MoreWhat is a “Contracting Party” in the context of international design applications?
In the context of international design applications, a “Contracting Party” is defined by the Hague Agreement. According to MPEP 2904: “Article 1(xiii) defines a ‘Contracting Party’ as a State or intergovernmental organization that is a party to the Hague Agreement.” This means that a Contracting Party can be either: A State that has joined the…
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…
Read MoreWhat are the benefits of using WIPO’s eHague system for filing international design applications?
WIPO’s eHague system offers several advantages for filing international design applications. According to MPEP 2905: “Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including automatic error checking of inputted data, avoidance of the transmittal fee required by the USPTO for indirectly filed…
Read MoreWhere can I find additional information on submitting reproductions through EFS-Web for international design applications?
The MPEP 2909.02(a) provides several resources for additional information on submitting reproductions through EFS-Web for international design applications: General EFS-Web information: “See MPEP § 502.05 for additional information on using EFS-Web.” You can find more details about using EFS-Web in general in MPEP 502.05. Specific guide for international design applications: “For further information concerning submitting…
Read MoreHow can I access the instructions for completing Form DM/1?
Instructions for completing Form DM/1 for an international design application are readily available. According to MPEP 2909.01, “Detailed instructions for completing the form are set forth in the section ‘How to Submit an International Application to the International Bureau’ of the Hague Guide for Users available on WIPO’s website at www.wipo.int/hague/en/guide/ia.html.” Additionally, the MPEP states…
Read MoreCan I withdraw specific designations from my international patent application?
Yes, you can withdraw specific designations from your international patent application. This process is governed by PCT Rule 90bis.2 and outlined in MPEP 1859. Here are the key points: You can withdraw the designation of any designated State up to 30 months from the priority date. Withdrawal of a designation that has been elected also…
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