You are here:  Ed9 08.2017 Guidebook  » Chapter 2900

2902 Definitions

MPEP SECTION SUMMARY This section provides definitions for three terms; article, Rule, and administrative instruction.   “Article” means an article of the Hague Agreement. “Rule,” when capitalized, means a rule under the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement. Finally, “Administrative Instruction” means the Administrative Instruction for the Application of the Hague Agreement referred to in Rule 34.

 

MPEP SECTION SUMMARY This section covers the main declarations made by the U.S. in respect to the Hague Agreement. For instance, the Hague Agreement took effect with respect to the United States on May 13, 2015. Briefly, the international design application designating the U.S. must contain a claim describing the ornamental design for the article as shown or as shown and described. Only one independent and distinct design may be claimed. The application must contain an oath or declaration of the creator. The rights provided will be the issuance of a U.S. design patent. The maximum duration of protection for designs is 15 years from grant. Further declarations under the Hague Agreement made by the U.S. are stated and described in this section.

The following is a list of what the United States declared under the Hague Agreement:

• An international design application designating the United States must contain a claim and that the specific wording of the claim shall be in formal terms to the ornamental design for the article as shown, or as shown and described.
• An international design application designating the United States must also contain an oath or declaration of the creator and indications concerning the identity of the creator.
• That where the United States is designated in an international design application, it is not possible for an applicant to request the deferment of publication of the ensuing international registration.
• That only one independent and distinct design may be claimed in a single application.
• That it is extending the time period within which to provide a refusal (12 months) and when the international registration shall produce effect as a grant of protection.
• That the United States provides industrial design rights through USPTO issuance of a U.S. design patent.
• That the prescribed designation fee referred to in Article 7(1) shall be replaced by an individual designation fee that is payable in a first part at filing and second part payable upon allowance of the application.
  • The amounts of the first and second part individual designation fees are subject to future changes.
• That the period of one month referred to in Rule 13(3) shall be replaced by a period of six months with respect to the United States in light of the security clearance required under United States law.
• That changes in ownership recorded by the International Bureau pursuant to Article 16(1)(i) must be   recorded with the USPTO through submission of documentation supporting that change in ownership to have effect.
• That the maximum duration of protection for designs is 15 years from grant.

 

» 2904 Who May File An International Design Application