Can examiners object to reproductions in published international registrations?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Generally, examiners should not object to reproductions that were published as part of an international registration on formal grounds. The MPEP 2920.04(b) states:

“Reproductions published as part of the international registration have been reviewed by the International Bureau for compliance with the formal requirements of Hague Agreement Rule 9 and Part Four of the Administrative Instructions and thus should not be objected to by the examiner on such grounds.”

However, if amended reproductions are submitted directly to the USPTO, these may be subject to objection under 37 CFR 1.1026 if they fail to comply with formal requirements.

Topics: MPEP 2900 - International Design Applications MPEP 2920.04(B) - Reproductions (Drawing Figures) Patent Law Patent Procedure
Tags: Contested Case Settlement, Design Specification, Design Title, Hague Definitions, Hague Overview