Can US applicants file international design applications directly with WIPO?

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.

Yes, US applicants can file international design applications directly with the World Intellectual Property Organization (WIPO). MPEP 2905 states:

“If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO.”

It’s important to note that US applicants must ensure they have obtained any necessary foreign filing licenses before filing directly with WIPO. Additionally, applicants can use WIPO’s e-filing interface (eHague) for direct filing, which offers several benefits such as automatic error checking and rapid application delivery.