MPEP § 2910 — MPEP § 2910
Current through: 2022-07-01

2910-International Design Application Fees 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2910 
 

 
 
 
 
 
 2910 International Design Application Fees [R-01.2024]

 
 37 CFR 1.1031 International design application fees. 

 
 (a) International design applications filed through the
 Office as an office of indirect filing are subject to payment of a transmittal fee
 ( 35
 U.S.C. 382(b) and Article 4(2)) in the amount of:
 
 TABLE 1 TO PARAGRAPH (a)

 By a micro entity (§ 1.29 )...........$24.00 
 

 By a small entity (§ 1.27(a) )...........48.00 
 

 By other than a small or micro
 entity...........120.00 
 

 
 

 (b) The Schedule of Fees annexed to the Regulations
 (Rule 27(1)), a list of individual designation fee amounts, and a fee calculator
 may be viewed on the Web site of the World Intellectual Property Organization,
 currently available at http://www.wipo.int/hague .
 

 (c) The following fees required by the International
 Bureau may be paid either directly to the International Bureau or through the
 Office as an office of indirect filing in the amounts specified on the World
 Intellectual Property Organization Web site described in paragraph (b) of this
 section:
 
 (1) International application fees (Rule 12(1));
 and
 

 (2) Fee for descriptions exceeding 100 words
 (Rule 11(2)).
 

 
 

 (d) The fees referred to in paragraph (c) of this
 section may be paid as follows:
 
 (1) Directly to the International Bureau in Swiss
 currency (see Administrative Instruction 801); or
 

 (2) Through the Office as an office of indirect
 filing, provided such fees are paid no later than the date of payment of the
 transmittal fee required under paragraph (a) of this section. Any payment
 through the Office must be in U.S. dollars. Applicants paying the fees in
 paragraph (c) of this section through the Office may be subject to a
 requirement by the International Bureau to pay additional amounts where the
 conversion from U.S. dollars to Swiss currency results in the International
 Bureau receiving less than the prescribed amounts.
 

 
 

 (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. 
 

 (f) The designation fee for the United States shall
 consist of:
 
 (1) A first part established in Swiss currency
 pursuant to Hague Rule 28 based on the combined amounts of the basic filing
 fee (§ 1.16(b) ), search fee (§ 1.16(l) ), and examination fee (§ 1.16(p) ) for a design application. The first part is
 payable at the time of filing the international design application; and
 

 (2) A second part (issue fee) as provided in §
 1.18(b) . The second part is payable within the period
 specified in a notice of allowance (§ 1.311 ).
 

 
 

 
 

 
 Hague Rule 12 

 Fees Concerning the International Application 

 
 (1) [ Prescribed Fees ]
 
 (a) The international application shall be subject
 to the payment of the following fees:
 
 (i) a basic fee;

 (ii) a standard designation fee in respect
 of each designated Contracting Party that has not made a declaration
 under Article 7(2) of the 1999 Act or under Rule 36(1), the level of
 which will depend on a declaration made under subparagraph (c);
 

 (iii) an individual designation fee in
 respect of each designated Contracting Party that has made a
 declaration under Article 7(2) of the 1999 Act or under Rule
 36(1);
 

 (iv) a publication fee.

 
 

 (b) The level of the standard designation fee
 referred to in subparagraph (a)(ii) shall be as follows:
 
 (i) for Contracting Parties whose office
 does not carry out any examination on substantive
 ground:………………………………….one
 

 (ii) for Contracting Parties whose office
 carries out examination on substantive grounds, other than as to
 novelty: ………………….two
 

 (iii) for Contracting Parties whose office
 carries out examination on substantive grounds, including examination
 as to novelty either ex officio or following opposition by third
 parties: ……………………………three
 

 
 

 (c) 
 
 (i) Any Contracting Party whose legislation
 entitles it to the application of level two or three under
 subparagraph (b) may, in a declaration, notify the Director General
 accordingly. A Contracting Party may also, in its declaration, specify
 that it opts for the application of level two, even if its legislation
 entitles it to the application of level three.
 

 (ii) Any declaration made under item (i)
 shall take effect three months after its receipt by the Director
 General or at any later date indicated in the declaration. It may also
 be withdrawn at any time by notification addressed to the Director
 General, in which case such withdrawal shall take effect one month
 after its receipt by the Director General or at any later date
 indicated in the notification. In the absence of such a declaration,
 or where a declaration has been withdrawn, level one will be deemed to
 be the level applicable to the standard designation fee in respect of
 that Contracting Party.
 

 
 

 
 

 (2) [ When Fees to Be Paid ] The fees
 referred to in paragraph (1) are, subject to paragraph (3), payable at the time of
 filing the international application, except that, where the international
 application contains a request for deferment of publication, the publication fee
 may be paid later, in accordance with Rule 16(3)(a).
 

 (3) [ Individual Designation Fee Payable in Two
 Parts ]
 
 (a) A declaration under Article 7(2) of the 1999
 Act or under Rule 36(1) may also specify that the individual designation fee
 to be paid in respect of the Contracting Party concerned comprises two
 parts, the first part to be paid at the time of filing the international
 application and the second part to be paid at a later date which is
 determined in accordance with the law of the Contracting Party
 concerned.
 

 
 

 
 *****

 

 Pursuant to Hague Agreement Rule 12, an international design
 application is subject to the following fees: (1) basic fee; (2) publication fee(s); (3)
 designation fee(s); and (4) an additional word fee where the description exceeds 100 words.
 In addition, a transmittal fee is required for an international design application filed
 through the USPTO as an office of indirect filing.
 

 The International Bureau provides an online fee calculator
 tool (“Hague System Fee Calculator") to help applicants quickly determine the amount of
 application fees that will be due (excluding any required transmittal fee). The calculator
 tool takes into account such factors as the number of designs and reproductions contained
 in the application and the Contracting Parties designated to determine the amount of the
 application fees that will be due in Swiss currency. The calculator tool is available at
 www.wipo.int/hague/en/fees/calculator.jsp .
 

 I. TRANSMITTAL FEE International design applications filed through the USPTO
 as an office of indirect filing are subject to payment of a transmittal fee. See
 37 CFR
 1.1031(a) . Payment of the transmittal fee must be in U.S. dollars.
 The USPTO will not transmit the international design application to the International
 Bureau if the transmittal fee has not been paid. See 37 CFR
 1.1045 . Applicants are cautioned that an international design
 application not received by the International Bureau within six months from the date the
 international design application is received by the USPTO will not be entitled to a
 filing date as of the date of receipt of the application by the USPTO. See Hague
 Agreement Rule 13.
 

 The transmittal fee is discounted for small and micro
 entities. Payment, by any party, of the exact amount of the small entity transmittal fee
 set forth in 37 CFR 1.1031(a) will be treated as
 a written assertion of entitlement to small entity status. See 37 CFR 1.27 
 and MPEP §§
 509.02 and 509.03 for requirements for
 establishing small entity status, and 37 CFR 1.29 and
 MPEP §
 509.04 for requirements for establishing micro entity
 status.
 

 II. BASIC FEE, PUBLICATION FEE(S), DESIGNATION FEE(S) AND ADDITIONAL WORD FEE The amount of the basic fee (Rule 12(1)(i)) is set forth
 in the Schedule of Fees and is dependent upon the number of designs included in the
 international design application. The amount of the publication fee (Rule 12(1)(iv)) is
 also set forth in the Schedule of Fees and is dependent upon the number of reproductions
 to be published and the form in which the reproductions are submitted. The Schedule of
 Fees is currently available on the website of the International Bureau at www.wipo.int/hague/
 en/fees/sched.html .
 

 A standard or individual designation fee applies with
 respect to each Contracting Party designated in an international design application. The
 standard designation fee (Rule 12(1)(ii)) applies with respect to the designation of any
 Contracting Party that has not specifically set an individual designation fee. The
 standard designation fee varies between levels 1-3, depending on the form of examination
 performed by each designated Contracting Party and on any specific agreement between
 such Contracting Party and the International Bureau. The standard designation fees are
 set forth in the Schedule of Fees. 
 

 The individual designation fee (Rule 12(1)(iii)) applies
 where an application designates a Contracting Parties that has made a declaration under
 Article 7(2) of the Hague Agreement setting an individual designation fee. Individual
 designation fees established pursuant to Article 7(2) are set forth on the website of
 the International Bureau at www.wipo.int/hague/en/fees/individ-fee.html .
 

 The United States has made a declaration under Article
 7(2) and requires an individual designation fee that is payable in a first part at
 filing and second part payable upon allowance of the application by the USPTO. See
 MPEP §
 2903 . The first part of the United States designation fee
 consists of the combined amounts of the basic filing fee ( 37 CFR 1.16(b) ),
 search fee ( 37 CFR
 1.16(l) ), and examination fee ( 37 CFR 1.16(p) ) for a design
 application, established in Swiss currency pursuant to Hague Agreement Rule 28. See
 37 CFR
 1.1031(f)(1) . The second part of the United States designation fee
 is the issue fee ( 37
 CFR 1.18(b) ), which is payable within the period specified in a
 notice of allowance. See 37 CFR 1.1031(f)(2) and
 MPEP §
 2920.06 . The first and second parts of the individual
 designation fee for the United States are discounted for small and micro entities. See
 37 CFR
 1.27 and MPEP §§ 509.02 and
 509.03 for requirements for establishing small entity status,
 and 37 CFR
 1.29 and MPEP § 509.04 for requirements for
 establishing micro entity status. With respect to international design applications, the
 payment by any party of the small entity first part of the individual designation fee
 for the United States to the International Bureau will be treated as a written assertion
 of entitlement to small entity status. See 37 CFR 1.27(c)(3) . In addition, a
 micro entity certification may be signed by a person authorized to represent the
 applicant in the international design application under 37 CFR
 1.1041 before the International Bureau where the micro entity
 certification is filed with the International Bureau. See 37 CFR
 1.29(e) . 
 

 An additional per word fee is also required where the
 description exceeds 100 words. This fee is based on the description set forth in Item 9
 (“Description”) of the DM/1 form. 
 

 The Fee Calculation Sheet included with the DM/1 form
 also specifies the amounts of the basic fees, publication fees, designation fees, and
 the additional word fee where the description exceeds 100 words. Also included is a
 listing of the level of the standard designation fee applicable to respective
 Contracting Parties.
 

 III. PAYMENT OF FEES THROUGH THE USPTO WHEN APPLICATION FILED THROUGH USPTO AS AN
 OFFICE OF INDIRECT FILING Certain international fees payable to the International
 Bureau may be paid through the USPTO as an office of indirect filing, provided such fees
 are paid no later than the date of payment of the transmittal fee. See 37 CFR
 1.1031(c) . Applicants are not required to pay such fees through
 the USPTO but rather may pay such fees directly to the International Bureau.
 Furthermore, any payment of such fees through the USPTO must be in U.S. dollars. As all
 payments made to the International Bureau must be in Swiss currency, the U.S. dollar
 amount collected may, when converted to Swiss currency, be different than the required
 Swiss currency amount. Accordingly, applicants are cautioned that paying such
 international fees through the USPTO may still result in a requirement by the
 International Bureau to pay additional amounts where the conversion from U.S. dollars to
 Swiss currency results in the International Bureau receiving less than the prescribed
 amounts. Any payment in response to an invitation from the International Bureau
 requiring additional fees must be made directly to the International Bureau within the
 period set in the invitation to avoid abandonment of the application pursuant to Article
 8 of the Hague Agreement. To avoid receiving an invitation from the International Bureau
 requiring additional fees, applicants may wish to consider including authorization in
 the fee payment section of the DM/1 form to allow the International Bureau to debit the
 required fees to a current account established with the International Bureau. See
 Administrative Instruction 801 and MPEP § 2909.01 .
 

 Applicant may charge international design application
 fees to a USPTO deposit account when filing an international design application through
 the USPTO as an office of indirect filing. However, a general authorization to charge
 such fees will only be effective with respect to the transmittal fee required under
 37 CFR
 1.1031(a) . See 37 CFR 1.25 . In addition,
 international design application fees may not be paid through the USPTO after the date
 of payment of the transmittal fee. See 37 CFR 1.1031(c) . Nor may any
 renewal fees referred to in Hague Agreement Rule 24 for renewing an international
 registration be paid through the USPTO. 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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 03/09/2026 20:50:50