Where to File An International Design Application

Hague Article 4

Procedure for Filing the International

Application

(1) [

Direct or Indirect Filing

]

(a) The international application may be filed,

at the option of the applicant, either directly with the International

Bureau or through the Office of the applicant's Contracting Party.

(b) Notwithstanding subparagraph (a), any

Contracting Party may, in a declaration, notify the Director General that

international applications may not be filed through its Office.

(2) [

Transmittal Fee in Case of Indirect

Filing

] The Office of any Contracting Party may require that the

applicant pay a transmittal fee to it, for its own benefit, in respect of any

international application filed through it.

Pursuant to Article 4 of the Hague Agreement, an

international design application may be filed either directly with the International Bureau

or indirectly through the office of the applicant’s Contracting Party. However, Contracting

Parties may notify the International Bureau that applications may not be filed indirectly

through their office. See Article 4(1)(b). As such, only certain offices may allow for

“indirect” filing. The WIPO website provides information on which Contracting Parties

permit “indirect” filing through their office. See

www.wipo.int/hague/en/declarations/

.

Article 1(xiv) of the Hague Agreement defines the

“applicant’s Contracting Party” as the Contracting Party from which the applicant derives

its entitlement to file an international design application under Hague Agreement Article 3

or, if there is more than one such Contracting Party, the one Contracting Party among those

Contracting Parties that the applicant expressly identifies as the “applicant’s Contracting

Party” in the international design application

Contracting Party” as the Contracting Party from which the applicant derives

its entitlement to file an international design application under Hague Agreement Article 3

or, if there is more than one such Contracting Party, the one Contracting Party among those

Contracting Parties that the applicant expressly identifies as the “applicant’s Contracting

Party” in the international design application.

If the applicant is a national of the United States, or has

a domicile, a habitual residence, or a real and effective industrial or commercial

establishment in the United States, the international design application may be filed

directly with the International Bureau, provided any required foreign filing license has

been obtained, or indirectly through the USPTO. See

MPEP §

2905.01

regarding filing indirectly through the USPTO. Filing the

international design application directly with the International Bureau through the WIPO’s

e-filing interface (eHague) offers several benefits to applicants, including allowing for

direct entry of application data via the interface, thus eliminating the need to upload a

separate application (DM/1) form; validation of the entered data in real time to minimize

errors in the application submission; automatic calculation of fees due and determination

of appropriate annexes; quicker examination by the International Bureau, which may be

important for applicants desiring immediate publication or a certified copy of the

international design application for priority purposes quickly; allowing applicants to use

eHague to reply to subsequent WIPO communications concerning that application when

applicant has used eHague to file the international design application; avoidance of the

transmittal fee required by the USPTO for indirectly filed applications; and allowing for

reuse of data from previous applications. For further information regarding eHague, see

WIPO’s website at

https://hague.wipo.int/

.