# MPEP § 2909: Contents of the International Design Application

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S2909

## Section

- **Citation:** MPEP § 2909
- **Heading:** Contents of the 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 § 2909

## Text

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
.

## 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_S2909. Check the current official text before relying on it. Not legal advice.