MPEP § 2950 — MPEP § 2950
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2950 
 

 
 
 
 
 
 2950 Grant of Protection Only Upon Issuance of Patent;
 Term of Design Patent [R-07.2022]
 

 
 35 U.S.C. 389 
 Examination of international design application. 

 
 (a) IN GENERAL.—The Director shall cause an examination
 to be made pursuant to this title of an international design application
 designating the United States.
 

 (b) APPLICABILITY OF CHAPTER 16.—All questions of
 substance and, unless otherwise required by the treaty and Regulations, procedures
 regarding an international design application designating the United States shall
 be determined as in the case of applications filed under chapter 16.
 

 (c) FEES.—The Director may prescribe fees for filing
 international design applications, for designating the United States, and for any
 other processing, services, or materials relating to international design
 applications, and may provide for later payment of such fees, including surcharges
 for later submission of fees. 
 

 (d) ISSUANCE OF PATENT.—The Director may issue a patent
 based on an international design application designating the United States, in
 accordance with the provisions of this title. Such patent shall have the force and
 effect of a patent issued on an application filed under chapter 16. 
 

 
 

 
 35 U.S.C. 173 
 Term of design patent. 

 Patents for designs shall be granted for the term of 15 years
 from the date of grant.
 

 

 
 37 CFR 1.1071 Grant of protection for an industrial design only upon issuance of a
 patent. 

 A grant of protection for an industrial design that is
 the subject of an international registration shall only arise in the United States
 through the issuance of a patent pursuant to 35 U.S.C.
 389(d) or 171 , and in accordance with
 35 U.S.C.
 153 .
 

 

 
 37 CFR 1.1031 International design application fees. 

 *****

 (e) Payment of the fees referred to in Article 17 and
 Rule 24 for renewing an international registration (“renewal fees”) is not required to
 maintain a U.S. patent issuing on an international design application in force. Renewal
 fees, if required, must be submitted directly to the International Bureau. Any renewal
 fee submitted to the Office will not be transmitted to the International Bureau.
 

 *****

 

 A grant of protection for an industrial design that is the
 subject of an international registration shall only arise in the United States through the
 issuance of a patent pursuant to 35 U.S.C. 389(d) or 171 , and in
 accordance with 35 U.S.C.
 153 . See 37 CFR 1.1071 . The Office does not
 regard the failure to send a notification of refusal within the period referenced in
 37 CFR
 1.1062(b) to confer patent rights or other effect under Article
 14(2). The Hague Agreement is not self-executing, and title I of the Patent Law Treaties
 Implementation Act of 2012 (PLTIA) provides for patent rights only upon issuance of a
 patent. See 35
 U.S.C. 389(d) added by the PLTIA, 126 Stat. at 1531; see also S.
 Exec. Rep. No. 110-7, at 5 (“The proposed Act makes no substantive changes in U.S. design
 patent law with the exception of the following: the provision of limited rights to patent
 applicants between the date that their international design application is published by the
 International Bureau and the date on which they are granted a U.S. patent based on that
 application; the extension of a patent term for designs from fourteen to fifteen years from
 grant; and allowing the USPTO to use a published international design registration as a
 basis for rejecting a subsequently filed national patent application that is directed at
 the same or a similar subject matter.”). 
 

 U.S. patents issued from international design applications
 shall be effective for a term of fifteen years from the date of grant. Payment of the fees
 referred to in Article 17 and Rule 24 for renewing an international registration (“renewal
 fees”) is not required to maintain in force a U.S. patent issuing on an international
 design application. See 37 CFR 1.1031(e) . 
 

 [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 20:49:42