When is a Statement of Grant of Protection issued for an international design application?
A Statement of Grant of Protection is issued by the United States Patent and Trademark Office (USPTO) after a patent has been granted on an international design application that designates the United States. This occurs specifically for nonprovisional international design applications.
According to MPEP 2940:
“Upon issuance of a patent on a nonprovisional international design application, the Office will send to the International Bureau a statement that protection is granted in the United States to the industrial design or designs that are the subject of the international registration and covered by the patent.”
This statement is sent to the International Bureau of the World Intellectual Property Organization (WIPO) as part of the process outlined in Hague Agreement Rule 18 bis. It’s important to note that the statement is issued after the patent is granted, not during the examination process.
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