What is the procedure for seeking relief from prescribed time limits in international design applications?
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2913 - Relief From Prescribed Time Limits,
Patent Law,
Patent Procedure