Chapter 2900 Flashcards
1
Q
Title of Chapter
A
International Design Patents
2
Q
basic Hague principles
A
- enables single int’l design app in contract party countries
- US contracting party 5.13.15
- administered by IB of WIPO
3
Q
basic flow
A
- 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
4
Q
who may file app
A
Hague Article 3
(1) national of Contracting Party
(2) have domicile, habitual residence, etc. established in territory of Party
5
Q
US file who can file
A
- 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
6
Q
fling date reqs
A
- Hague Article 9, Rule 6, 13, 14
- app in English, French, Spanish
- must include (1-5)
7
Q
filing date in US
A
- effective registration date - date int’l reg determined by IB under treaty = filing date of int’l design app in US
8
Q
required contents when US designated
A
- claim
- indications concerning identity of creator (inventor), inventors oath/dec
- brief spec & brief description of reproductions
- no deferment of publication
9
Q
fees
A
37 CFR 1.1031
Hague Rule 12
transmittal, basic, publication, designation
10
Q
examination
A
- MPEP 1500 generally applicable
- differences
(1) Notice of Refusal
(2) Upon issuance of patent, US sends IB notification
11
Q
foreign priority
A
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)
12
Q
benefit claims under 35 USC 386 (c)
A
benefit of int’l design apps,
- entitled to prior nonprov, PCT app or int’l design
- NOT prov apps
