Hague Agreement Concerning The International Registration Of Industrial Designs1
The filing date for an international application for designs (“international filing date”) is granted by the International Bureau in accordance with Articles 9 and 13 and 14 of the Hague Agreement. Under Rule 14, paragraph 2, the International Bureau does not grant a filing date if the application is not available in one of the prescribed languages (English, French or Spanish) or if one of the following elements is missing: (1) a reference indicating that an international registration is requested under the Hague Convention; 2) sufficient information about the identity of the applicant; (3) sufficient indication that the applicant or his representative can be contacted; (4) a reproduction or specimen of any commercial design being requested; and (5), the designation of at least one contracting party. If the application does not contain an item (s) above, the filing date is the date on which the International Bureau receives the omitted items if it is provided in a timely manner for filing. QUESTION HA8040: Can an international design application be converted into a section 16 35 U.C design application? Question HA1100: When the United States is appointed, should Schedule III be included in the filing of the International Design Application for the Filing of a Disclosure Statement (IDS)? WIPO application fees cannot be paid by the USPTO after the date of payment of the information tax. In addition, any payment of WIPO`s application fees must be made through the USPTO in U.S. dollars. Since all payments to the International Bureau must be made in Swiss currency, the amount of the us dollar recovered, if converted into Swiss currency, may deviate from the amount of The Swiss currency required. Accordingly, applicants are advised that the payment of these international taxes through the USPTO may still lead to an obligation on the International Bureau to pay additional sums if the conversion of US dollars into Swiss currency results in the International Bureau receiving less than the prescribed amounts. The date of international registration is the date of subsequent international filing (see ha2020) or the date on which a required item was received by the International Office in accordance with Article 5, paragraph 2.
See Article 10, paragraph 2. The date of filing an international application for a design in the United States is the date of international registration. See 35 U.S.C. 384. The filing of an international application for a design should include: (1) the “official form” and all necessary annexes, (2) reproductions and (3) payment of taxes. Yes, applicants can request a petition to verify the registration date in the United States after 37 CFR 1.1023 (b). The petition requires that the international application for designs be entitled to the requested filing date and that it be accompanied by the user fee in 37 CFR 1.17 (f). WIPO application fees are not payable through the USPTO. Upon receipt of the international design application by the International Bureau, the International Office will ask the applicant to pay the necessary taxes within a prescribed time frame.