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2904 Who May File An International Design Application

MPEP SECTION SUMMARY

This section covers who may file an international design application.  Essentially, to file an international design application, a person must be a national of or live in the territory of a Contracting Party. Further details are provided in this section.



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.


To be entitled to file an international design application, a person must:

  • (1) be a national of a Contracting Party or of a State that is a member of an intergovernmental organization that is a Contracting Party; or
  • (2) have a domicile, habitual residence, or real and effective industrial or commercial establishment in the territory of a Contracting Party.

The Hague Agreement defines a “person” as a natural person or a legal entity.

A “Contracting Party” is a State or intergovernmental organization that is a party to the Hague Agreement.

 

» 2905 Where to File An International Design Application