Chapter 2900

Question 1

Title of Chapter

Answer 1

International Design Patents

Question 2

basic Hague principles

Answer 2

• enables single int’l design app in contract party countries
• US contracting party 5.13.15
• administered by IB of WIPO

Question 3

basic flow

Answer 3

• filing “indirectly” thru PTO, “directly” thru IB
• formal examination by IB
• registration & publication - int’l reg date either filing date or date of receipt of mandatory item, int’l reg published by IB, either immediately or deferred up to 30 months from filing date (or priority date) [depends on contracting party]
• examination by Offices of Designated Contracting Parties - refusal of protection w/in 6 months, must notify IB

Question 4

who may file app

Answer 4

Hague Article 3

(1) national of Contracting Party
(2) have domicile, habitual residence, etc. established in territory of Party

Question 5

US file who can file

Answer 5

• 35 USC 382
• (1) national of US, lives in US or has business (real & effective commercially established) in US
  (2) US as Contracting Party
• no fax

Question 6

fling date reqs

Answer 6

• Hague Article 9, Rule 6, 13, 14
• app in English, French, Spanish
• must include (1-5)

Question 7

filing date in US

Answer 7

• effective registration date - date int’l reg determined by IB under treaty = filing date of int’l design app in US

Question 8

required contents when US designated

Answer 8

• claim
• indications concerning identity of creator (inventor), inventors oath/dec
• brief spec & brief description of reproductions
• no deferment of publication

Question 9

fees

Answer 9

37 CFR 1.1031
Hague Rule 12
transmittal, basic, publication, designation

Question 10

examination

Answer 10

• MPEP 1500 generally applicable
• differences
  (1) Notice of Refusal
  (2) Upon issuance of patent, US sends IB notification

Question 11

foreign priority

Answer 11

35 USC386, 37 CFR 1.55, 35 USC 119 (a-d) & 172 (PCT apps)
- filed w/in 6 months of filing date of priority (US date)

Question 12

benefit claims under 35 USC 386 (c)

Answer 12

benefit of int’l design apps,

• entitled to prior nonprov, PCT app or int’l design
• NOT prov apps