Who is eligible to file an international design application?

According to MPEP 2904, eligibility to file an international design application is determined by Article 3 of the Hague Agreement. An individual is eligible if they meet one of the following criteria:

  • A national of a Contracting Party
  • A national of a State that is a member of an intergovernmental organization that is a Contracting Party
  • Has a domicile in the territory of a Contracting Party
  • Has a habitual residence in the territory of a Contracting Party
  • Has a real and effective industrial or commercial establishment in the territory of a Contracting Party

The MPEP states: “Any person that is 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 that has a domicile, a habitual residence or a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.”

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Topics: MPEP 2900 - International Design Applications, MPEP 2904 - Who May File An International Design Application, Patent Law, Patent Procedure
Tags: Contracting Party, Eligibility, Hague Agreement, International Design Application, patent filing