What additional requirements are there for international design applications designating the United States?
International design applications designating the United States must include additional elements as specified in 37 CFR 1.1021(d):
- A claim (37 CFR 1.1021(b)(1)(iii) and 37 CFR 1.1025)
- Indications concerning the identity of the creator (inventor)
- The inventor’s oath or declaration (37 CFR 1.63 and 1.64)
The MPEP states: “A claim is a filing date requirement for design applications in the United States. See 35 U.S.C. 171.” Additionally, “The United States has declared, pursuant to Article 5(2), that an international design application designating the United States must contain a claim.“
It’s important to note that failure to include these elements may result in the application being deemed not to contain the designation of the United States.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2909 - Contents Of The International Design Application,
Patent Law,
Patent Procedure