Who can file an international design application under the Hague Agreement?
To file an international design application under the Hague Agreement, an applicant must meet specific eligibility criteria. According to the MPEP:
“To be entitled to file an international design application, the applicant must be a national of a State that is a Contracting Party or of a State member of an intergovernmental organization that is a Contracting Party, or have a domicile, habitual residence, or a real and effective industrial or commercial establishment in the territory of a Contracting Party.”
For applications filed through the USPTO, additional requirements apply:
“Only persons who are nationals of the United States or who have a domicile, habitual residence, or a real and effective industrial or commercial establishment in the territory of the United States may file international design applications through the USPTO.”
These criteria ensure that applicants have a sufficient connection to a Contracting Party to utilize the Hague Agreement system.
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