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2920.02 Applicant

MPEP SECTION SUMMARY This section covers the applicant in an international design application. Essentially, if a nonprovisional international design application is applied for by a person other than the inventor (i.e., the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter), that person must have been identified as the applicant in the publication of the international registration under the Hague Agreement. Thus, a 37 CFR 1.46 applicant identified as the applicant in the publication of the international registration is the applicant in the nonprovisional international design application. Further details concerning the applicant are discussed in this section. These include requests to change the applicant and recording in the International Register by the International Bureau of a change in the name of the holder.

Any request to change the applicant under 37 CFR 1.46 after an original applicant has been specified must include an application data sheet specifying the applicant in the applicant information section.

In a nonprovisional international design application, the original applicant specified is the person identified as the applicant in the publication of the international registration under the Hague Agreement.

• Thus, if there is a change of applicant (e.g., from the inventor to the assignee, or from one assignee to another assignee), the new applicant must establish its ownership of the application.

Any request to correct or update the name of the applicant under 37 CFR 1.46 must include an application data sheet specifying the correct or updated name of the applicant in the applicant information section.

• Thus, if there is no change in the applicant itself but just the applicant’s name (due to a correction or name change), the applicant need only submit an application data sheet specifying the correct or updated name in the applicant information section.
• Any corrected application data sheet must identify the information being changed with underlining for insertions and strike-through or brackets for text removed.
• A change in the name of the applicant under 37 CFR 1.46 recorded will also be effective to change the name of the applicant in a nonprovisional international design application.

The Hague Agreement provides for recording in the International Register by the International Bureau of a change in the name of the holder.

• Such recording has the same effect as if made in the office of each of the designated Contracting Parties.

Thus, where the applicant under 37 CFR 1.46 in a nonprovisional international design application is the holder of the international registration, correction or update of the applicant’s name may be made through the mechanism under The Hague Agreement.

 

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