Brief Summary:
This chapter was new as of the 9th Edition 07.2015. It covers details on International Design Applications. A single International Design Application may be filed through the USPTO or the International Bureau under the Hague Agreement. The application may list multiple Contracting Parties.
The filing of a single international design application may have the effect of an application for protection in multiple countries and/or intergovernmental organizations that are Contracting Parties. The U.S. became a Contracting Party to the Hague Agreement on May 13, 2015.
Key Terms:
| Contracting Party | A contracting party in patent law refers to an individual or organization that enters into an agreement related to intellectual property rights, with specific rights and obligations outlined in the contract. |
| Design Patent | A design patent provides legal protection for the unique visual qualities of a manufactured item, focusing on its ornamental design rather than its functional aspects. |
| Hague Agreement | The “Hague Agreement” is an international treaty that facilitates the registration of industrial designs across multiple countries through a single application, streamlining the process of obtaining design protection globally. |
| International Design Application | An international design application is a patent application for industrial designs filed under the Hague Agreement, allowing protection in multiple countries through a single application administered by the World Intellectual Property Organization (WIPO). |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.55 – Claim for foreign priority. |
| 37 CFR 1.55 outlines the requirements for claiming foreign priority in a U.S. patent application, including the need to provide a certified copy of the foreign application and the deadline for submitting such claims to benefit from the earlier filing date. |
| 37 CFR 1.41 – Inventorship. |
| 37 CFR 1.41 establishes that inventorship in a patent application is determined by the individuals who contribute to the conception of the claimed invention, and it requires the naming of these inventors in the application. |
35 USC (United States Code):
| 35 USC 384 – Filing date. |
| 35 USC 384 specifies that the filing date of an international design application in the United States is the international filing date accorded under the Hague Agreement. |
| 35 USC 389 – Examination of international design application. |
| 35 USC 389 states that international design applications designating the United States are subject to examination by the U.S. Patent and Trademark Office to ensure they meet the requirements for patentability under U.S. law. |
Quick Statistics:
Number of Pages: 55 pgs
Sections: 2901 – 2950
List of Sections:
| 2901 | Basic Hague Agreement Principles | |
| 2902 | Definitions | |
| 2903 | Declarations under the Hague Agreement Made by the United States of America | |
| 2904 | Who May File An International Design Application | |
| 2905 | Where to File An International Design Application | |
| • 2905.01 Filing Through the USPTO as an Office of Indirect Filing | ||
| 2906 | Filing Date Requirements | |
| 2907 | International Registration and Date of the International Registration | |
| 2908 | Filing Date in the United States | |
| 2909 | Contents of the International Design Application | |
| • 2909.01 Official Form for the Application for International Registration • 2909.02 Reproductions (Drawings) | ||
| • 2909.02(a) Reproductions Submitted Through EFS-Web | ||
| • 2909.03 Annexes | ||
| 2910 | International Design Application Fees | |
| 2911 | Representation | |
| 2912 | Correspondence in Respect of International Design Applications Filed With the USPTO as an Office of Indirect Filing | |
| 2913 | Relief from Prescribed Time Limits | |
| 2914 | Conversion of an International Design Application to a Design Application Under 35 U.S.C. Chapter 16 | |
| 2915 – 1919 | [Reserved] | |
| 2020 | National Processing of International Design Applications Designating the United States | |
| • 2920.01 Inventorship • 2920.02 Applicant • 2920.03 Correspondence Address • 2920.04 Elements of a Nonprovisional International Design Application | ||
| • 2920.04(a) Specification • 2920.04(b) Reproductions (Drawing Figures) • 2920.04(c) Inventor’s Oath or Declaration | ||
| • 2920.05 Examination | ||
| • 2920.05(a) Notification of Refusal • 2920.05(b) One Independent and Distinct Design • 2920.05(c) Considerations Under 35 U.S.C. 112 • 2920.05(d) Foreign Priority • 2920.05(e) Benefit Claims Under 35 U.S.C. 386(c) • 2920.05(f) Information Disclosure Statement in an International Design Application Designating the United States | ||
| • 2920.06 Allowance | ||
| 2921 – 2929 | [Reserved] | |
| 2930 | Corrections and Other Changes in the International Register | |
| 2931 – 2939 | [Reserved] | |
| 2940 | Statement of Grant of Protection | |
| 2941 – 2949 | [Reserved] | |
| 2950 | Grant of Protection Only Upon Issuance of Patent; Term of Design Patent |