Contents of the International Design Application

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USPTO MPEP › Chapter 2900 - International Design Applications › MPEP § 2909

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Hague Article 5

Contents of the International

Application

(1) [

Mandatory Contents of the International

Application

] The international application shall be in the prescribed

language or one of the prescribed languages and shall contain or be accompanied

by

(i) a request for international registration

under this Act;

(ii) the prescribed data concerning the

applicant;

(iii) the prescribed number of copies of a

reproduction or, at the choice of the applicant, of several different

reproductions of the industrial design that is the subject of the

international application, presented in the prescribed manner; however,

where the industrial design is two-dimensional and a request for deferment

of publication is made in accordance with paragraph (5), the international

application may, instead of containing reproductions, be accompanied by the

prescribed number of specimens of the industrial design;

(iv) an indication of the product or products which

constitute the industrial design or in relation to which the industrial

design is to be used, as prescribed;

(v) an indication of the designated Contracting

Parties;

(vi) the prescribed fees;

(vii) any other prescribed particulars.

(2) [

Additional Mandatory Contents of the

International Application

]

(a) Any Contracting Party whose Office is an

Examining Office and whose law, at the time it becomes party to this Act,

requires that an application for the grant of protection to an industrial

design contain any of the elements specified in subparagraph (b) in order

for that application to be accorded a filing date under that law may, in a

declaration, notify the Director General of those elements.

(b) The elements that may be notified pursuant to

subparagraph (a) are the following:

(i) indications concerning the identity of

the creator of the industrial design that is the subject of that

application;

(ii) a brief description of the reproduction

or of the characteristic features of the industrial design that is the

subject of that application;

(iii) a claim.

rector General of those elements.

(b) The elements that may be notified pursuant to

subparagraph (a) are the following:

(i) indications concerning the identity of

the creator of the industrial design that is the subject of that

application;

(ii) a brief description of the reproduction

or of the characteristic features of the industrial design that is the

subject of that application;

(iii) a claim.

(c) Where the international application contains

the designation of a Contracting Party that has made a notification under

subparagraph (a), it shall also contain, in the prescribed manner, any

element that was the subject of that notification.

(3) [

Other Possible Contents of the

International Application

] The international application may contain

or be accompanied by such other elements as are specified in the Regulations.

(4) [

Several Industrial Designs in the Same

International Application

] Subject to such conditions as may be

prescribed, an international application may include two or more industrial

designs.

(5) [

Request for Deferred

Publication

] The international application may contain a request for

deferment of publication.

Hague Rule 7

Requirements Concerning the International

Application

(1) [

Form and Signature

] The

international application shall be presented on the official form. The

international application shall be signed by the applicant.

(2) [

Fees

] The prescribed fees

applicable to the international application shall be paid as provided for in Rules

27 and 28.

(3) [

Mandatory Contents of the International

Application

] The international application shall contain or

indicate

[

Form and Signature

] The

international application shall be presented on the official form. The

international application shall be signed by the applicant.

(2) [

Fees

] The prescribed fees

applicable to the international application shall be paid as provided for in Rules

27 and 28.

(3) [

Mandatory Contents of the International

Application

] The international application shall contain or

indicate

(i) the name of the applicant, given in accordance

with the Administrative Instructions;

(ii) the address, given in accordance with the

Administrative Instructions, and email address of the applicant;

(iii) the Contracting Party or Parties in respect

of which the applicant fulfills the conditions to be the holder of an

international registration;

(iv) the product or products which constitute the

industrial design or in relation to which the industrial design is to be

used, with an indication whether the product or products constitute the

industrial design or are products in relation to which the industrial design

is to be used; the product or products shall preferably be identified by

using terms appearing in the list of goods of the International

Classification;

(v) the number of industrial designs included in

the international application, which may not exceed 100, and the number of

reproductions or specimens of the industrial designs accompanying the

international application in accordance with Rule 9 or 10;

(vi) the designated Contracting Parties;

(vii) the amount of the fees being paid and the

method of payment, or instructions to debit the required amount of fees to

an account opened with the International Bureau, and the identification of

the party effecting the payment or giving the instructions.

(4) [

Additional Mandatory Contents of an

International Application

]

n accordance with Rule 9 or 10;

(vi) the designated Contracting Parties;

(vii) the amount of the fees being paid and the

method of payment, or instructions to debit the required amount of fees to

an account opened with the International Bureau, and the identification of

the party effecting the payment or giving the instructions.

(4) [

Additional Mandatory Contents of an

International Application

]

(a) With respect to Contracting Parties

designated under the 1999 Act in an international application, that

application shall contain, in addition to the indications referred to in

paragraph (3)(iii), the indication of the applicant’s Contracting Party.

(b) Where a Contracting Party designated under

the 1999 Act has notified the Director General, in accordance with Article

5(2)(a) of the 1999 Act, that its law requires one or more of the elements

referred to in Article 5(2)(b) of the 1999 Act, the international

application shall contain such element or elements, as prescribed in Rule

11.

(c) Where Rule 8 applies, the international

application shall, as applicable, contain the indications referred to in

paragraphs (2) or (3) thereof and be accompanied by any relevant statement,

document, oath or declaration referred to in that Rule.

(5) [

Optional Contents of an International

Application

]

(a) An element referred to in item (i) or (ii) of

Article 5(2)(b) of the 1999 Act or in Article 8(4)(a) of the 1960 Act may,

at the option of the applicant, be included in the international application

even where that element is not required in consequence of a notification in

accordance with Article 5(2)(a) of the 1999 Act or in consequence of a

requirement under Article 8(4)(a) of the 1960 Act.

(b) Where the applicant has a representative, the

international application shall state the name and address, given in

accordance with the Administrative Instructions, and email address of the

representative.

here that element is not required in consequence of a notification in

accordance with Article 5(2)(a) of the 1999 Act or in consequence of a

requirement under Article 8(4)(a) of the 1960 Act.

(b) Where the applicant has a representative, the

international application shall state the name and address, given in

accordance with the Administrative Instructions, and email address of the

representative.

(c) Where the applicant wishes, under Article 4

of the Paris Convention, to take advantage of the priority of an earlier

filing, the international application shall contain a declaration claiming

the priority of that earlier filing, together with an indication of the name

of the Office where such filing was made and of the date and, where

available, the number of that filing and, where the priority claim relates

to less than all the industrial designs contained in the international

application, the indication of those industrial designs to which the

priority claim relates or does not relate.

(d) Where the applicant wishes to take advantage

of Article 11 of the Paris Convention, the international application shall

contain a declaration that the product or products which constitute the

industrial design or in which the industrial design is incorporated have

been shown at an official or officially recognized international exhibition,

together with the place where the exhibition was held and the date on which

the product or products were first exhibited there and, where less than all

the industrial designs contained in the international application are

concerned, the indication of those industrial designs to which the

declaration relates or does not relate.

(e) Where the applicant wishes that publication

of the industrial design be deferred, the international application shall

contain a request for deferment of publication.

(f) The international application may also

contain any declaration, statement or other relevant indication as may be

specified in the Administrative Instructions.

strial designs to which the

declaration relates or does not relate.

(e) Where the applicant wishes that publication

of the industrial design be deferred, the international application shall

contain a request for deferment of publication.

(f) The international application may also

contain any declaration, statement or other relevant indication as may be

specified in the Administrative Instructions.

(g) The international application may be

accompanied by a statement that identifies information known by the

applicant to be material to the eligibility for protection of the industrial

design concerned.

(6) [

No Additional Matter

] If the

international application contains any matter other than that required or

permitted by the 1999 Act, the 1960 Act, these Regulations or the Administrative

Instructions, the International Bureau shall delete it ex officio. If the

international application is accompanied by any document other than those required

or permitted, the International Bureau may dispose of the said document.

(7) [All Products to Be in Same Class] All the products

which constitute the industrial designs to which an international application

relates, or in relation to which the industrial designs are to be used, shall

belong to the same class of the International Classification.

Hague Administrative Instructions Section 408:

Permitted Matters in the International Application and Permitted Documents

Accompanying an International Application

(a) Where the applicant has made a declaration under

Rule 7(5)(c) claiming priority of an earlier filing in the international

application, that claim may be accompanied by a code allowing to retrieve that

filing in a Digital Access Service for Priority Documents (DAS) digital

library;

rmitted Matters in the International Application and Permitted Documents

Accompanying an International Application

(a) Where the applicant has made a declaration under

Rule 7(5)(c) claiming priority of an earlier filing in the international

application, that claim may be accompanied by a code allowing to retrieve that

filing in a Digital Access Service for Priority Documents (DAS) digital

library;

(b) Where the applicant wishes to benefit from a

reduction of an individual designation fee as indicated in a declaration made

under Article 7(2) of the 1999 Act by a designated Contracting Party, the

international application may contain an indication or claim of the economic

status entitling the applicant to the reduced fee as indicated in the declaration,

as well as the certificate thereof, where applicable.

(c)

(i) Where the applicant wishes to make a

declaration concerning exception to lack of novelty in the international

application, as may be prescribed under the law of a designated Contracting

Party, the declaration shall be worded as follows, with the indication of

those industrial designs to which the declaration relates: “Declaration

Concerning Exception to Lack of Novelty “The applicant claims to benefit

from exceptional treatments provided for in the applicable laws of the

designated Contracting Parties concerned, for disclosure of [all] the

[following] industrial designs included in the present application.”

(ii) Where the applicant wishes to submit

documentation on the type and date of disclosure, the international

application may be accompanied by such documentation.

pplicant claims to benefit

from exceptional treatments provided for in the applicable laws of the

designated Contracting Parties concerned, for disclosure of [all] the

[following] industrial designs included in the present application.”

(ii) Where the applicant wishes to submit

documentation on the type and date of disclosure, the international

application may be accompanied by such documentation.

(d) Where the applicant wishes to submit a statement as

referred to in Rule 7(5)(g), the statement shall be in the format established by

the International Bureau in agreement with the designated Contracting Party

concerned.

35 U.S.C. 383

International design application.

In addition to any requirements pursuant to

chapter 16, the international design application shall contain—

(1) a request for international registration

under the treaty;

(2) an indication of the designated

Contracting Parties;

(3) data concerning the applicant as

prescribed in the treaty and the Regulations;

(4) copies of a reproduction or, at the

choice of the applicant, of several different reproductions of the

industrial design that is the subject of the international design

application, presented in the number and manner prescribed in the treaty and

the Regulations;

(5) an indication of the product or products

that constitute the industrial design or in relation to which the industrial

design is to be used, as prescribed in the treaty and the Regulations;

(6) the fees prescribed in the treaty and

the Regulations; and

(7) any other particulars prescribed in the

Regulations.

37 CFR 1.1021 Contents of the international design application.

ty and

the Regulations;

(5) an indication of the product or products

that constitute the industrial design or in relation to which the industrial

design is to be used, as prescribed in the treaty and the Regulations;

(6) the fees prescribed in the treaty and

the Regulations; and

(7) any other particulars prescribed in the

Regulations.

37 CFR 1.1021 Contents of the international design application.

(a)

Mandatory contents.

The international design application shall

be in English, French, or Spanish (Rule 6(1)) and shall contain or be accompanied

by:

(1) A request for international registration

under the Hague Agreement (Article 5(1)(i));

(2) The prescribed data concerning the

applicant (Article 5(1)(ii) and Rule 7(3)(i) and (ii));

(3) The prescribed number of copies of a

reproduction or, at the choice of the applicant, of several different

reproductions of the industrial design that is the subject of the

international design application, presented in the prescribed manner;

however, where the industrial design is two-dimensional and a request for

deferment of publication is made in accordance with Article 5(5), the

international design application may, instead of containing reproductions,

be accompanied by the prescribed number of specimens of the industrial

design (Article 5(1)(iii));

(4) An indication of the product or products

that constitute the industrial design or in relation to which the industrial

design is to be used, as prescribed (Article 5(1)(iv) and Rule

7(3)(iv));

(5) An indication of the designated

Contracting Parties (Article 5(1)(v));

(6) The prescribed fees (Article 5(1)(vi) and

Rule 12(1));

(7) The Contracting Party or Parties in

respect of which the applicant fulfills the conditions to be the holder of

an international registration (Rule 7(3)(iii));

ation to which the industrial

design is to be used, as prescribed (Article 5(1)(iv) and Rule

7(3)(iv));

(5) An indication of the designated

Contracting Parties (Article 5(1)(v));

(6) The prescribed fees (Article 5(1)(vi) and

Rule 12(1));

(7) The Contracting Party or Parties in

respect of which the applicant fulfills the conditions to be the holder of

an international registration (Rule 7(3)(iii));

(8) The number of industrial designs

included in the international design application, which may not exceed 100,

and the number of reproductions or specimens of the industrial designs

accompanying the international design application (Rule 7(3)(v));

(9) The amount of the fees being paid and

the method of payment, or instructions to debit the required amount of fees

to an account opened with the International Bureau, and the identification

of the party effecting the payment or giving the instructions (Rule

7(3)(vii)); and

(10) An indication of applicant’s Contracting

Party as required under Rule 7(4)(a).

(b)

Additional mandatory contents required by certain Contracting

Parties.

(1) Where the international design

application contains the designation of a Contracting Party that requires,

pursuant to Article 5(2), any of the following elements, then the

international design application shall contain such required element(s):

(i) Indications concerning the identity

of the creator of the industrial design that is the subject of that

application (Rule 11(1));

(ii) A brief description of the

reproduction or of the characteristic features of the industrial

design that is the subject of that application (Rule 11(2));

(iii) A claim (Rule 11(3)).

(2) Where the international design

application contains the designation of a Contracting Party that has made a

declaration under Rule 8(1), then the international application shall

contain the statement, document, oath or declaration specified in that

declaration (Rule 7(4)(c)).

stic features of the industrial

design that is the subject of that application (Rule 11(2));

(iii) A claim (Rule 11(3)).

(2) Where the international design

application contains the designation of a Contracting Party that has made a

declaration under Rule 8(1), then the international application shall

contain the statement, document, oath or declaration specified in that

declaration (Rule 7(4)(c)).

(c)

Optional contents.

The international design application may

contain:

(1) Two or more industrial designs, subject

to the prescribed conditions (Article 5(4) and Rule 7(7));

(2) A request for deferment of publication

(Article 5(5) and Rule 7(5)(e)) or a request for immediate publication (Rule

17);

(3) An element referred to in item (i) or

(ii) of Article 5(2)(b) of the Hague Agreement or in Article 8(4)(a) of the

1960 Act even where that element is not required in consequence of a

notification in accordance with Article 5(2)(a) of the Hague Agreement or in

consequence of a requirement under Article 8(4)(a) of the 1960 Act (Rule

7(5)(a));

(4) The name and address of applicant’s

representative, as prescribed (Rule 7(5)(b));

(5) A claim of priority of one or more

earlier filed applications in accordance with Article 6 and Rule 7(5)(c);

(6) A declaration, for purposes of Article 11

of the Paris Convention, that the product or products which constitute the

industrial design or in which the industrial design is incorporated have

been shown at an official or officially recognized international exhibition,

together with the place where the exhibition was held and the date on which

the product or products were first exhibited there and, where less than all

the industrial designs contained in the international design application are

concerned, the indication of those industrial designs to which the

declaration relates or does not relate (Rule 7(5)(d));

(7) Any declaration, statement or other

relevant indication as may be specified in the Administrative Instructions

(Rule 7(5)(f));

roduct or products were first exhibited there and, where less than all

the industrial designs contained in the international design application are

concerned, the indication of those industrial designs to which the

declaration relates or does not relate (Rule 7(5)(d));

(7) Any declaration, statement or other

relevant indication as may be specified in the Administrative Instructions

(Rule 7(5)(f));

(8) A statement that identifies information

known by the applicant to be material to the eligibility for protection of

the industrial design concerned (Rule 7(5)(g));

(9) A proposed translation of any text

matter contained in the international design application for purposes of

recording and publication (Rule 6(4)).

(d)

Required contents where the United States is designated.

In

addition to the mandatory requirements set forth in paragraph (a) of this section,

an international design application that designates the United States shall

contain or be accompanied by:

(1) A claim (§§

1.1021(b)(1)(iii)

and

1.1025

);

(2) Indications concerning the identity of

the creator (i.e., the inventor, see §

1.9(d)

) in accordance with Rule 11(1); and

(3) The inventor's oath or declaration (§§

1.63

and

1.64

). The requirements

in §§

1.63(b)

and

1.64(b)(4)

to identify each inventor by his or her

legal name, mailing address, and residence, if an inventor lives at a

location which is different from the mailing address, and the requirement in

§

1.64(b)(2)

to identify the residence and mailing

address of the person signing the substitute statement, will be considered

satisfied by the presentation of such information in the international

design application prior to international registration

The elements of an international design application fall

into three categories: (1) mandatory contents; (2) additional mandatory contents; and (3)

optional contents.

I.

MANDATORY CONTENTS

Mandatory contents are those items required in all

international design applications

d

satisfied by the presentation of such information in the international

design application prior to international registration

The elements of an international design application fall

into three categories: (1) mandatory contents; (2) additional mandatory contents; and (3)

optional contents.

I.

MANDATORY CONTENTS

Mandatory contents are those items required in all

international design applications. Such contents are set forth in Article 5(1) and Rule

7 of the Hague Agreement and

37 CFR 1.1021(a)

. Specifically, the

international design application must be in English, French, or Spanish, it must be

presented on the official form (see

MPEP § 2909.01

) and signed by

the applicant, and it must include: (1) a request for international registration under

the Hague Agreement; (2) the prescribed data concerning the applicant; (3) the

prescribed number of copies of a reproduction or, at the choice of the applicant, of

several different reproductions of the industrial design that is the subject of the

international design application, presented in the prescribed manner (where the

industrial design is two-dimensional and a request for deferment of publication is made

in accordance with Article 5(5) of the Hague Agreement, the international design

application may, instead of containing reproductions, be accompanied by the prescribed

number of specimens of the industrial design); (4) an indication of the product or

products that constitute the industrial design or in relation to which the industrial

design is to be used, as prescribed; (5) an indication of the designated Contracting

Parties; (6) the prescribed fees; (7) the Contracting Party or Parties in respect of

which the applicant fulfills the conditions to be the holder of an international

registration; (8) the number of industrial designs included in the international

application, which may not exceed 100, and the number of reproductions or specimens of

the industrial designs accompanying the international application; (9) the amount of the

fees being paid and the meth

ng Party or Parties in respect of

which the applicant fulfills the conditions to be the holder of an international

registration; (8) the number of industrial designs included in the international

application, which may not exceed 100, and the number of reproductions or specimens of

the industrial designs accompanying the international application; (9) the amount of the

fees being paid and the method of payment or instructions to debit the required amount

of fees to an account opened with the International Bureau and the identification of the

party effecting the payment or giving the instructions; and (10) an indication of

applicant’s Contracting Party as required under Rule 7(4)(a).

II.

ADDITIONAL MANDATORY CONTENTS

Additional mandatory contents are elements that are

required by certain Contracting Parties and therefore are mandatory in any international

design application that designates such Contracting Parties (see Article 5(2) and Rule 7

of the Hague Agreement and

37 CFR 1.1021(b)

). Such additional

mandatory contents may consist of, pursuant to Article 5(2) of the Hague Agreement,

indications concerning the identity of the creator, a brief description of the

reproduction or of the characteristic features of the industrial design, and/or a claim,

and, pursuant to Rule 8(1) of the Hague Agreement, a statement, document, oath, or

declaration.

III.

OPTIONAL CONTENTS

Optional contents are items that may be included in an

international design application

) of the Hague Agreement,

indications concerning the identity of the creator, a brief description of the

reproduction or of the characteristic features of the industrial design, and/or a claim,

and, pursuant to Rule 8(1) of the Hague Agreement, a statement, document, oath, or

declaration.

III.

OPTIONAL CONTENTS

Optional contents are items that may be included in an

international design application. Optional contents are addressed in Rule 7(5) of the

Hague Agreement and

37 CFR 1.1021(c)

and may include: (1)

two or more industrial designs, subject to the prescribed conditions; (2) a request for

deferment of publication or a request for immediate publication; (3) any of the

additional mandatory elements discussed above, even if such elements are not required by

any Contracting Party designated in the international design application; (4) the

prescribed information concerning the applicant’s representative; (5) a claim of

priority of one or more earlier filed applications, which, pursuant to Administrative

Instruction section 408(a), may be accompanied by an access code allowing to retrieve

the priority document from a Digital Access Service for Priority Documents (DAS) digital

library; (6) a declaration, for purposes of Article 11 of the Paris Convention, that the

product or products that constitute the industrial design, or in which the industrial

design is incorporated, have been shown at an official or officially recognized

international exhibition, together with the place where the exhibition was held and the

date on which the product or products were first exhibited there and, where less than

all the industrial designs contained in the international application are concerned, the

indication of those industrial designs to which the declaration relates or does not

relate; (7) any declaration, statement, or other relevant indication as may be specified

in the Administrative Instructions; (8) a statement that identifies information known by

the applicant to be material to the eligibility for protection of the indus

contained in the international application are concerned, the

indication of those industrial designs to which the declaration relates or does not

relate; (7) any declaration, statement, or other relevant indication as may be specified

in the Administrative Instructions; (8) a statement that identifies information known by

the applicant to be material to the eligibility for protection of the industrial design

concerned; and (9) a proposed translation of any text matter contained in the

international application for purposes of recording and publication.

IV.

REQUIRED CONTENTS WHERE THE UNITED STATES IS DESIGNATED

As set forth in

37 CFR

1.1021(d)

, in addition to the mandatory requirements otherwise

required for international design applications, an international design application

designating the United States must also include: (1) a claim (

37 CFR

1.1021(b)(1)(iii)

and

37 CFR

1.1025

); (2) indications concerning the identity of the creator

(i.e., the inventor, see

37 CFR 1.9(d)

) in accordance with Rule

11(1); and (3) the inventor’s oath or declaration (

37 CFR 1.63

and

1.64

).

A claim is a filing date requirement for design

applications in the United States. See

35 U.S.C. 171

. The United States has

declared, pursuant to Article 5(2), that an international design application designating

the United States must contain a claim. See

MPEP §

2903

. Consequently, an international design application

designating the United States that does not contain a claim will not be registered by

the International Bureau in the international register and thus will not be entitled to

a filing date in the United States. See

MPEP §§

2907

and

2908

. In such case, the International

Bureau will invite the applicant to submit the claim within a prescribed time limit and

will accord a date of international registration as of the date of receipt of the claim

(assuming there are no other defects)

by

the International Bureau in the international register and thus will not be entitled to

a filing date in the United States. See

MPEP §§

2907

and

2908

. In such case, the International

Bureau will invite the applicant to submit the claim within a prescribed time limit and

will accord a date of international registration as of the date of receipt of the claim

(assuming there are no other defects). Failure to timely submit the claim in response to

the invitation by the International Bureau will result in the application being deemed

not to contain the designation of the United States. See Article 8(2)(b). Use of the

official application form (form DM/1) will help ensure that applicants designating the

United States will satisfy the requirement for a claim, as Item (12) of the official

form includes a claim for the purposes of the designation of the United States. See

MPEP §

2909.01

.

Pursuant to Rule 8(1), the United States has declared

that an international design application designating the United States must contain an

oath or declaration of the creator and indications concerning the identity of the

creator. See

MPEP § 2903

. The requirements for the inventor’s oath or

declaration are set forth in

37 CFR 1.63

and

1.64

.

37 CFR

1.1021(d)

further provides that the requirements in

37 CFR

1.63(b)

and

1.64(b)(4)

to identify each inventor

by his or her legal name, mailing address, and residence, if an inventor lives at a

location which is different from the mailing address, and the requirement in

37 CFR

1.64(b)(2)

to identify the residence and mailing address of the

person signing the substitute statement will be considered satisfied by the presentation

of such information in the international design application prior to international

registration. If the inventor’s oath or declaration has not been filed, the

International Bureau will invite the applicant to submit the inventor’s oath or

declaration within a prescribed time limit

ce and mailing address of the

person signing the substitute statement will be considered satisfied by the presentation

of such information in the international design application prior to international

registration. If the inventor’s oath or declaration has not been filed, the

International Bureau will invite the applicant to submit the inventor’s oath or

declaration within a prescribed time limit. Failure to timely submit the inventor’s oath

or declaration in response to the invitation by the International Bureau will result in

the application being deemed not to contain the designation of the United States. See

Article 8(2)(b). Annex I to the official application form (form DM/1) available at

www.wipo.int/hague/en/forms/

includes a declaration of inventorship

form and a substitute statement form for use with international design applications

designating the United States. See

MPEP § 2909.03

.

An international design application designating the

United States must include a specification as prescribed by

35 U.S.C. 112

and preferably include a brief description of the reproductions pursuant to Rule 7(5)(a)

describing the view or views of the reproductions. See

37 CFR

1.1024

. The Office encourages applicants filing international

design applications that designate the United States to include a brief description in

the application describing the views of the reproductions, as such description is

helpful for examination and may, in some cases, help avoid issues concerning the scope

of the claimed design or sufficiency of disclosure. Furthermore, a description of the

view or views of the reproductions may be required by the Office in a nonprovisional

international design application, as defined by

37 CFR 1.9(a)(3)

, pursuant to

37 CFR

1.1067

. See

MPEP § 2920.04(a)

, subsection II. The

brief description of the reproductions should be included in Item (10) “Legends

(optional)

” of the official application form (form DM/1). See

MPEP §

2909.01

description of the

view or views of the reproductions may be required by the Office in a nonprovisional

international design application, as defined by

37 CFR 1.9(a)(3)

, pursuant to

37 CFR

1.1067

. See

MPEP § 2920.04(a)

, subsection II. The

brief description of the reproductions should be included in Item (10) “Legends

(optional)

” of the official application form (form DM/1). See

MPEP §

2909.01

.

An international design application designating the

United States may not contain a request for deferment of publication. See

37 CFR

1.1028

. In addition, specimens are not permitted in international

design applications designating the United States. See

37 CFR

1.1027

.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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