How is the applicant identified in a nonprovisional international design application?
In a nonprovisional international design application, the applicant is identified as follows:
1. If the application is filed by the inventor, they are automatically the applicant.
2. If the application is filed by someone other than the inventor under 37 CFR 1.46(a), such as an assignee, that person must have been identified as the applicant in the publication of the international registration under Hague Agreement Article 10(3).
As stated in MPEP 2920.02: “If a nonprovisional international design application is applied for by a person other than the inventor under 37 CFR 1.46(a) (i.e., the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter), that person must have been identified as the applicant in the publication of the international registration under Hague Agreement Article 10(3).“
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