MPEP § 2903 — MPEP § 2903
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2903 
 

 
 
 
 
 
 2903 Declarations under the Hague Agreement Made by the
 United States of America [R-07.2015]
 

 The Geneva Act of the Hague Agreement, and the declarations
 made thereto, took effect with respect to the United States on May 13, 2015.
 

 Pursuant to Article 5(2)(a) and Rule 11(3), the United
 States declared that an international design application designating the United States must
 contain a claim and that the specific wording of the claim shall be in formal terms to the
 ornamental design for the article as shown, or as shown and described. See
 37 CFR
 1.1021(d) and MPEP § 2909 , subsection IV.
 Additionally, pursuant to Rule 8(1), the United States declared that an international
 design application designating the United States must also contain an oath or declaration
 of the creator and indications concerning the identity of the creator.
 Id. 

 Pursuant to Article 11(1)(b), the United States declared that
 where the United States is designated in an international design application, it is not
 possible for an applicant to request the deferment of publication of the ensuing
 international registration. 
 

 Pursuant to Article 13(1), the United States declared that
 only one independent and distinct design may be claimed in a single application. See
 MPEP §§
 2920.05(b) and 1504.05 .
 

 Pursuant to Rule 18(1)(b), the United States declared that
 it is extending the time period within which to provide a refusal (12 months) and when the
 international registration shall produce effect as a grant of protection. The United States
 provides industrial design rights through USPTO issuance of a U.S. design patent. See
 35 U.S.C.
 171-173 and 389 and MPEP §§ 2920.05(a)
 and 2950 .
 

 Pursuant to Article 7(2) and Rule 12(3), the United States
 declared that the prescribed designation fee referred to in Article 7(1) shall be replaced
 by an individual designation fee that is payable in a first part at filing and second part
 payable upon allowance of the application. See MPEP §§ 2910 and
 2920.06 . The amounts of the first and second part individual
 designation fees are subject to future changes. See Article 7(2). 
 

 Pursuant to Rule 13(4), the United States declared that the
 period of one month referred to in Rule 13(3) shall be replaced by a period of six months
 with respect to the United States in light of the security clearance required under United
 States law. 
 

 Pursuant to Article 16(2), the United States declared that
 changes in ownership recorded by the International Bureau pursuant to Article 16(1)(i) must
 be recorded with the USPTO through submission of documentation supporting that change in
 ownership to have effect. See 35 U.S.C. 261 and MPEP §§ 301-302 .
 

 Pursuant to Article 17(3), the United States declared that
 that the maximum duration of protection for designs is 15 years from grant.
 35 U.S.C.
 173 .
 

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 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