# MPEP § 2905: Where to File An International Design Application

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S2905

## Section

- **Citation:** MPEP § 2905
- **Heading:** Where to File An International Design Application
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 2900 - International Design Applications / MPEP § 2905

## Text

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/
.

## Nearby sections

- [MPEP § 2901 Basic Hague Agreement Principles](https://www.frixlaw.com/law-library/statutes/MPEP_S2901.md)
- [MPEP § 2902 Definitions](https://www.frixlaw.com/law-library/statutes/MPEP_S2902.md)
- [MPEP § 2903 Declarations under the Hague Agreement Made by the United States of America](https://www.frixlaw.com/law-library/statutes/MPEP_S2903.md)
- [MPEP § 2904 Who May File An International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2904.md)
- [MPEP § 2905 Where to File An International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2905.md)
- [MPEP § 2905.01 Filing Through the USPTO as an Office of Indirect Filing](https://www.frixlaw.com/law-library/statutes/MPEP_S2905.01.md)
- [MPEP § 2906 Filing Date Requirements](https://www.frixlaw.com/law-library/statutes/MPEP_S2906.md)
- [MPEP § 2907 International Registration and Date of the International Registration](https://www.frixlaw.com/law-library/statutes/MPEP_S2907.md)
- [MPEP § 2908 Filing Date in the United States](https://www.frixlaw.com/law-library/statutes/MPEP_S2908.md)
- [MPEP § 2909 Contents of the International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.md)
- [MPEP § 2909.01 Official Form for the Application for International Registration](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.01.md)
- [MPEP § 2909.02 Reproductions (Drawings)](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.02.md)
- [MPEP § 2909.02(a) Reproductions Submitted Through the USPTO Patent Electronic Filing System](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.02(a).md)
- [MPEP § 2909.03 Annexes](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.03.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S2905. Check the current official text before relying on it. Not legal advice.
