MPEP § 2905 — MPEP § 2905
Current through: 2022-07-01

2905-Where to File An International Design Application 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2905 
 

 
 
 
 
 
 2905 Where to File An International Design
 Application [R-01.2024]
 

 
 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.
 

 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/ . 
 

 
 2905.01 Filing Through the USPTO as an Office of Indirect
 Filing [R-01.2024]
 

 
 35 U.S.C. 382 
 Filing international design applications. 

 
 (a) IN GENERAL.—Any person who 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, may file
 an international design application by submitting to the Patent and Trademark
 Office an application in such form, together with such fees, as may be
 prescribed by the Director.
 

 (b) REQUIRED ACTION.—The Patent and Trademark
 Office shall perform all acts connected with the discharge of its duties under
 the treaty, including the collection of international fees and transmittal
 thereof to the International Bureau. Subject to chapter 17, international
 design applications shall be forwarded by the Patent and Trademark Office to
 the International Bureau, upon payment of a transmittal fee.
 

 (c) APPLICABILITY OF CHAPTER 16.—Except as
 otherwise provided in this chapter, the provisions of chapter 16 shall
 apply.
 

 (d) APPLICATION FILED IN ANOTHER COUNTRY.—An
 international design application on an industrial design made in this country
 shall be considered to constitute the filing of an application in a foreign
 country within the meaning of chapter 17 if the international design
 application is filed—
 
 (1) in a country other than the United
 States;
 

 (2) at the International Bureau; or

 (3) with an intergovernmental
 organization.
 

 
 

 
 

 
 37 CFR 1.1002 The United States Patent and Trademark Office as an office of indirect
 filing. 

 
 (a) The United States Patent and Trademark
 Office, as an office of indirect filing, shall accept international design
 applications where the applicant’s Contracting Party is the United States. 
 

 (b) The major functions of the United States
 Patent and Trademark Office as an office of indirect filing include:
 
 (1) Receiving and according a receipt
 date to international design applications;
 

 (2) Collecting and, when required,
 transmitting fees due for processing international design
 applications;
 

 (3) Determining compliance with
 applicable requirements of part 5 of this chapter; and
 

 (4) Transmitting an international
 design application to the International Bureau, unless prescriptions
 concerning national security prevent the application from being
 transmitted.
 

 
 

 
 

 
 37 CFR 1.1011 Applicant for international design application. 

 
 (a) Only persons who are nationals of the
 United States or who have a domicile, a habitual residence, or a real and
 effective industrial or commercial establishment in the territory of the United
 States may file international design applications through the United States
 Patent and Trademark Office.
 

 (b) Although the United States Patent and
 Trademark Office will accept international design applications filed by any
 person referred to in paragraph (a) of this section, an international design
 application designating the United States may be refused by the Office as a
 designated office if the applicant is not a person qualified under 35 U.S.C.
 chapter 11 to be an applicant.
 

 
 

 
 37 CFR 1.1012 Applicant’s Contracting Party. 

 In order to file an international design application
 through the United States Patent and Trademark Office as an office of indirect
 filing, the United States must be applicant’s Contracting Party (Articles 4 and
 1(xiv)). 
 

 

 
 37 CFR 1.1045 Procedures for transmittal of international design application to the
 International Bureau. 

 
 (a) Subject to paragraph (b) of this section and
 payment of the transmittal fee set forth in § 1.1031(a) , transmittal of the international design
 application to the International Bureau shall be made by the Office as provided
 by Rule 13(1). At the same time as it transmits the international design
 application to the International Bureau, the Office shall notify the
 International Bureau of the date on which it received the application. The
 Office shall also notify the applicant of the date on which it received the
 application and of the transmittal of the international design application to
 the International Bureau.
 

 (b) No copy of an international design application
 may be transmitted to the International Bureau, a foreign designated office, or
 other foreign authority by the Office or the applicant, unless the applicable
 requirements of part 5 of this chapter have been satisfied.
 

 (c) Once transmittal of the international design
 application has been effected under paragraph (a) of this section, except for
 matters properly before the United States Patent and Trademark Office as an
 office of indirect filing or as a designated office, all further correspondence
 concerning the application should be sent directly to the International Bureau.
 The United States Patent and Trademark Office will generally not forward
 communications to the International Bureau received after transmittal of the
 application to the International Bureau. Any reply to an invitation sent to the
 applicant by the International Bureau must be filed directly with the
 International Bureau, and not with the Office, to avoid abandonment or other
 loss of rights under Article 8.
 

 
 

 Only persons who are nationals of the United States or
 who have a domicile, a habitual residence, or a real and effective industrial or
 commercial establishment in the United States may file international design applications
 through the USPTO. See 35 U.S.C. 382(a) and 37 CFR
 1.1011(a) . In addition, in order to file an international design
 application through the USPTO, the United States must be applicant’s Contracting Party.
 See 37 CFR
 1.1012 and Hague Agreement Article 4. Thus, an international
 design application may be filed through the USPTO only if: (1) the applicant, or each
 applicant if there is more than one 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; and (2) the United States is the applicant’s
 Contracting Party, or each applicant’s Contracting Party if there is more than one
 applicant.
 

 The official form for presenting the international design
 application, “Application for International Registration” (form DM/1), includes boxes to
 indicate both applicant’s entitlement to file the international design application and
 applicant’s Contracting Party. See MPEP § 2909.01 .
 

 International design applications may be filed through
 the USPTO as an office of indirect filing via the USPTO patent electronic filing system,
 mail, or hand-delivery to the Customer Service Window at the USPTO’s Alexandria
 headquarters. See MPEP §
 501 , subsection III for information regarding hand-delivery of
 papers. The mailing address for delivery by the U.S. Postal Service is: Commissioner for
 Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450. It should be noted that the
 Priority Mail Express ® provisions of 37 CFR 1.10 apply
 to the filing of all applications and papers filed in the U.S. Patent and Trademark
 Office, including international design applications and related papers and fees. It
 should be further noted, however, that the filing of an international design application
 is excluded from the Certificate of Mailing or Transmission procedures under
 37 CFR
 1.8 . Facsimile transmission may not be used for the filing of an
 international design application or the filing of color drawings under 37 CFR
 1.1026 . See 37 CFR 1.6(d)(3) and (4) , 37 CFR
 1.8(a)(2)(i)(K) . See MPEP § 502 for more information on depositing
 correspondence with the USPTO.
 

 Payment of the transmittal fee specified in
 37 CFR
 1.1031(a) is required for international design applications filed
 through the USPTO as an office of indirect filing. In addition, international design
 applications filed with the USPTO are subject to national security review. See
 35 U.S.C.
 382(b) . The international design application will not be
 transmitted to the International Bureau if the transmittal fee has not been paid or the
 necessary national security clearance has not been obtained. See 37 CFR
 1.1045 . 
 

 Upon receipt of an international design application, the
 USPTO will review the application for the required indications establishing each
 applicant’s entitlement to file the international design application through the USPTO,
 payment of the transmittal fee, and national security. If the indications are not
 sufficient to establish each applicant’s entitlement to file the international design
 application through the USPTO, the transmittal fee has not been paid, or the necessary
 national security clearance has not been obtained, the Office will notify the applicant
 accordingly via Form PTO-2320, “Notification Regarding Receipt And Transmittal Of The
 International Design Application To The International Bureau.” Form PTO-2320 does not
 set a time period to cure the deficiency but instead warns the applicant that an
 international design application that is not received by the International Bureau within
 six months from receipt of the application by the USPTO will receive a filing date as of
 the date on which the International Bureau receives the application, rather than the
 USPTO receipt date, subject to Hague Agreement Rule 14(2). 
 

 If the conditions for transmitting the international
 design application to the International Bureau have been satisfied, the application will
 be transmitted to the International Bureau. The applicant will be notified via Form
 PTO-2320 of the transmittal of the application to the International Bureau and of the
 receipt date of the international design application by the USPTO.
 

 Because the international design application must be
 received by the International Bureau within six months of receipt of the application by
 the USPTO in order to obtain the receipt date at the USPTO as the filing date, the
 applicant should contact the USPTO for a status update well in advance of the expiration
 of this six month period if the applicant has not received Form PTO-2320 indicating
 transmittal of the application to the International Bureau. 
 

 Applicants are reminded, when electronically filing an
 international design application through the USPTO as an office of indirect filing, to
 attach reproductions via the “Reproductions” section of the “Upload documents” screen of
 the USPTO patent electronic filing system rather than via the “Upload documents” section
 of the “Upload documents” screen. Failure to attach the reproductions via the
 “Reproductions” section may result in additional per page publication fees being
 required by the International Bureau.
 

 The Office will generally not forward any submission
 filed in an international design application to the International Bureau that is
 received after the application has been transmitted to the International Bureau.
 Applicants are cautioned that any reply to an invitation sent to the applicant by the
 International Bureau must be filed directly with the International Bureau, and not with
 the Office, to avoid abandonment or other loss of rights under Hague Agreement Article
 8. See 37 CFR
 1.1045(c) .
 

 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2901-Basic Hague Agreement Principles 

 2902-Definitions 

 2903-Declarations under the Hague Agreement Made by the United States of America 

 2904-Who May File An International Design Application 

 2905-Where to File An International Design Application 
 2905.01-Filing Through the USPTO as an Office of Indirect Filing 

 
 

 2906-Filing Date Requirements 

 2907-International Registration and Date of the International Registration 

 2908-Filing Date in the United States 

 2909-Contents of the International Design Application 
 2909.01-Official Form for the Application for International Registration 

 2909.02-Reproductions (Drawings) 
 2909.02(a)-Reproductions Submitted Through the USPTO Patent Electronic Filing System 

 
 

 2909.03-Annexes 

 
 

 2910-International Design Application Fees 

 2911-Representation 

 2912-Correspondence in Respect of International Design Applications Filed With the USPTO as an Office of Indirect Filing 

 2913-Relief from Prescribed Time Limits 

 2914-Conversion of an International Design Application to a Design Application Under 35 U.S.C. Chapter 16 

 2915-2919-[Reserved] 

 2920-National Processing of International Design Applications Designating the United States 
 2920.01-Inventorship 

 2920.02-Applicant 

 2920.03-Correspondence Address 

 2920.04-Elements of a Nonprovisional International Design Application 
 2920.04(a)-Specification 

 2920.04(b)-Reproductions (Drawing Figures) 

 2920.04(c)-Inventor’s Oath or Declaration 

 
 

 2920.05-Examination 
 2920.05(a) -Notification of Refusal 

 2920.05(b)-One Independent and Distinct Design 

 2920.05(c) -Considerations Under 35 U.S.C. 112 

 2920.05(d)-Foreign Priority 

 2920.05(e)-Benefit Claims Under 35 U.S.C. 386(c) 

 2920.05(f)-Information Disclosure Statement in an International Design Application Designating the United States 

 
 

 2920.06-Allowance 

 
 

 2921-2929-[Reserved] 

 2930-Corrections and Other Changes in the International Register 

 2931-2939-[Reserved] 

 2940-Statement of Grant of Protection 

 2941-2949-[Reserved] 

 2950-Grant of Protection Only Upon Issuance of Patent; Term of Design Patent 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:50