What is the “applicant’s Contracting Party” in an international design application?

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.

The “applicant’s Contracting Party” is an important concept in international design applications. According to MPEP 2905:

“Article 1(xiv) of the Hague Agreement defines the ‘applicant’s Contracting Party’ as the Contracting Party from which the applicant derives its entitlement to file an international design application under Hague Agreement Article 3 or, if there is more than one such Contracting Party, the one Contracting Party among those Contracting Parties that the applicant expressly identifies as the ‘applicant’s Contracting Party’ in the international design application.”

In simpler terms, it’s the country or intergovernmental organization that gives the applicant the right to file the application, based on factors such as nationality, domicile, or having a real and effective industrial or commercial establishment in that country.