What happens if there are irregularities in an international design application?
If the International Bureau finds irregularities in an international design application, the following process occurs:
- The International Bureau will invite the applicant to make required corrections within three months from the date of the invitation.
- If the irregularity is one that affects the filing date (as prescribed in Rule 14(2)), the filing date will be postponed to the date when the correction is received by the International Bureau.
- For other irregularities, if they are not remedied within the given time limit, the application may be considered abandoned.
The MPEP states: “If the international design application does not fulfill the applicable requirements, the International Bureau will invite the applicant to make the required corrections within a prescribed time limit. See Rule 14(1). If the defect concerns a missing element required under Rule 14(2) and the applicant timely provides the missing element required under Rule 14(2), the date on which the missing element is received by the International Bureau will be the filing date accorded by the International Bureau.“
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2906 - Filing Date Requirements,
Patent Law,
Patent Procedure