How is a representative appointed in an international design application?

A representative can be appointed in an international design application through two main methods:

1. In the international application itself: The MPEP states, The naming of the representative in the international application at the time of filing shall constitute an appointment of such representative. This is based on Rule 3(2) of the Hague Agreement.
2. In a separate communication: As per the MPEP, The appointment of a representative may also be made in a separate communication which may relate to one or more specified international applications or international registrations of the same applicant or holder. The said communication shall be signed by the applicant or the holder.

For appointments before the USPTO as an office of indirect filing, 37 CFR 1.1041(b) requires that the appointment be in writing, signed by the applicant, give the practitioner power to act on behalf of the applicant, and specify the name and registration number or limited recognition number of each practitioner.

The International Bureau provides specific forms for appointing representatives, which can be found at www.wipo.int/hague/en/forms/.

To learn more:

• international design application
• representative appointment
• USPTO
• International Bureau
• Hague Agreement