Who can represent an applicant in an international design application?

An applicant in an international design application can be represented in two main ways:

• Before the International Bureau: The applicant can appoint a representative in accordance with Rule 3 of the Hague Agreement. As stated in the MPEP, Rule 3 does not provide for any requirement as to professional qualification, nationality, or domicile regarding who may be appointed to represent the applicant before the International Bureau.
• Before the USPTO as an office of indirect filing: According to 37 CFR 1.1041(b), applicants may be represented by a practitioner registered (§ 11.6) or granted limited recognition (§§ 11.9(a) or (b)) to practice before the Office in patent matters.

It’s important to note that the requirements for representation differ depending on whether you’re dealing with the International Bureau or the USPTO.

To learn more:

• international design application
• patent representation
• USPTO
• International Bureau
• Hague Agreement