MPEP § 2909 — MPEP § 2909
Current through: 2022-07-01

2909-Contents of the International Design Application 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2900 

 Section 2909 
 

 
 
 
 
 
 2909 Contents of the International Design
 Application [R-01.2024]
 

 
 Hague Article 5 

 Contents of the International
 Application 

 
 (1) [ Mandatory Contents of the International
 Application ] The international application shall be in the prescribed
 language or one of the prescribed languages and shall contain or be accompanied
 by
 
 (i) a request for international registration
 under this Act;
 

 (ii) the prescribed data concerning the
 applicant;
 

 (iii) the prescribed number of copies of a
 reproduction or, at the choice of the applicant, of several different
 reproductions of the industrial design that is the subject of the
 international application, presented in the prescribed manner; however,
 where the industrial design is two-dimensional and a request for deferment
 of publication is made in accordance with paragraph (5), the international
 application may, instead of containing reproductions, be accompanied by the
 prescribed number of specimens of the industrial design;
 

 (iv) an indication of the product or products which
 constitute the industrial design or in relation to which the industrial
 design is to be used, as prescribed;
 

 (v) an indication of the designated Contracting
 Parties;
 

 (vi) the prescribed fees;

 (vii) any other prescribed particulars.

 
 

 (2) [ Additional Mandatory Contents of the
 International Application ]
 
 (a) Any Contracting Party whose Office is an
 Examining Office and whose law, at the time it becomes party to this Act,
 requires that an application for the grant of protection to an industrial
 design contain any of the elements specified in subparagraph (b) in order
 for that application to be accorded a filing date under that law may, in a
 declaration, notify the Director General of those elements.
 

 (b) The elements that may be notified pursuant to
 subparagraph (a) are the following:
 
 (i) indications concerning the identity of
 the creator of the industrial design that is the subject of that
 application;
 

 (ii) a brief description of the reproduction
 or of the characteristic features of the industrial design that is the
 subject of that application;
 

 (iii) a claim.

 
 

 (c) Where the international application contains
 the designation of a Contracting Party that has made a notification under
 subparagraph (a), it shall also contain, in the prescribed manner, any
 element that was the subject of that notification.
 

 
 

 (3) [ Other Possible Contents of the
 International Application ] The international application may contain
 or be accompanied by such other elements as are specified in the Regulations.
 

 (4) [ Several Industrial Designs in the Same
 International Application ] Subject to such conditions as may be
 prescribed, an international application may include two or more industrial
 designs.
 

 (5) [ Request for Deferred
 Publication ] The international application may contain a request for
 deferment of publication.
 

 
 

 
 Hague Rule 7 

 Requirements Concerning the International
 Application 

 
 (1) [ Form and Signature ] The
 international application shall be presented on the official form. The
 international application shall be signed by the applicant.
 

 (2) [ Fees ] The prescribed fees
 applicable to the international application shall be paid as provided for in Rules
 27 and 28.
 

 (3) [ Mandatory Contents of the International
 Application ] The international application shall contain or
 indicate
 
 (i) the name of the applicant, given in accordance
 with the Administrative Instructions;
 

 (ii) the address, given in accordance with the
 Administrative Instructions, and email address of the applicant;
 

 (iii) the Contracting Party or Parties in respect
 of which the applicant fulfills the conditions to be the holder of an
 international registration;
 

 (iv) the product or products which constitute the
 industrial design or in relation to which the industrial design is to be
 used, with an indication whether the product or products constitute the
 industrial design or are products in relation to which the industrial design
 is to be used; the product or products shall preferably be identified by
 using terms appearing in the list of goods of the International
 Classification;
 

 (v) the number of industrial designs included in
 the international application, which may not exceed 100, and the number of
 reproductions or specimens of the industrial designs accompanying the
 international application in accordance with Rule 9 or 10;
 

 (vi) the designated Contracting Parties;

 (vii) the amount of the fees being paid and the
 method of payment, or instructions to debit the required amount of fees to
 an account opened with the International Bureau, and the identification of
 the party effecting the payment or giving the instructions.
 

 
 

 (4) [ Additional Mandatory Contents of an
 International Application ]
 
 (a) With respect to Contracting Parties
 designated under the 1999 Act in an international application, that
 application shall contain, in addition to the indications referred to in
 paragraph (3)(iii), the indication of the applicant’s Contracting Party.
 

 (b) Where a Contracting Party designated under
 the 1999 Act has notified the Director General, in accordance with Article
 5(2)(a) of the 1999 Act, that its law requires one or more of the elements
 referred to in Article 5(2)(b) of the 1999 Act, the international
 application shall contain such element or elements, as prescribed in Rule
 11.
 

 (c) Where Rule 8 applies, the international
 application shall, as applicable, contain the indications referred to in
 paragraphs (2) or (3) thereof and be accompanied by any relevant statement,
 document, oath or declaration referred to in that Rule.
 

 
 

 (5) [ Optional Contents of an International
 Application ]
 
 (a) An element referred to in item (i) or (ii) of
 Article 5(2)(b) of the 1999 Act or in Article 8(4)(a) of the 1960 Act may,
 at the option of the applicant, be included in the international application
 even where that element is not required in consequence of a notification in
 accordance with Article 5(2)(a) of the 1999 Act or in consequence of a
 requirement under Article 8(4)(a) of the 1960 Act.
 

 (b) Where the applicant has a representative, the
 international application shall state the name and address, given in
 accordance with the Administrative Instructions, and email address of the
 representative.
 

 (c) Where the applicant wishes, under Article 4
 of the Paris Convention, to take advantage of the priority of an earlier
 filing, the international application shall contain a declaration claiming
 the priority of that earlier filing, together with an indication of the name
 of the Office where such filing was made and of the date and, where
 available, the number of that filing and, where the priority claim relates
 to less than all the industrial designs contained in the international
 application, the indication of those industrial designs to which the
 priority claim relates or does not relate.
 

 (d) Where the applicant wishes to take advantage
 of Article 11 of the Paris Convention, the international application shall
 contain a declaration that the product or products which constitute the
 industrial design or in which the industrial design is incorporated have
 been shown at an official or officially recognized international exhibition,
 together with the place where the exhibition was held and the date on which
 the product or products were first exhibited there and, where less than all
 the industrial designs contained in the international application are
 concerned, the indication of those industrial designs to which the
 declaration relates or does not relate.
 

 (e) Where the applicant wishes that publication
 of the industrial design be deferred, the international application shall
 contain a request for deferment of publication.
 

 (f) The international application may also
 contain any declaration, statement or other relevant indication as may be
 specified in the Administrative Instructions.
 

 (g) The international application may be
 accompanied by a statement that identifies information known by the
 applicant to be material to the eligibility for protection of the industrial
 design concerned.
 

 
 

 (6) [ No Additional Matter ] If the
 international application contains any matter other than that required or
 permitted by the 1999 Act, the 1960 Act, these Regulations or the Administrative
 Instructions, the International Bureau shall delete it ex officio. If the
 international application is accompanied by any document other than those required
 or permitted, the International Bureau may dispose of the said document.
 

 (7) [All Products to Be in Same Class] All the products
 which constitute the industrial designs to which an international application
 relates, or in relation to which the industrial designs are to be used, shall
 belong to the same class of the International Classification.
 

 
 

 
 Hague Administrative Instructions Section 408: 

 Permitted Matters in the International Application and Permitted Documents
 Accompanying an International Application 

 
 (a) Where the applicant has made a declaration under
 Rule 7(5)(c) claiming priority of an earlier filing in the international
 application, that claim may be accompanied by a code allowing to retrieve that
 filing in a Digital Access Service for Priority Documents (DAS) digital
 library;
 

 (b) Where the applicant wishes to benefit from a
 reduction of an individual designation fee as indicated in a declaration made
 under Article 7(2) of the 1999 Act by a designated Contracting Party, the
 international application may contain an indication or claim of the economic
 status entitling the applicant to the reduced fee as indicated in the declaration,
 as well as the certificate thereof, where applicable.
 

 (c)
 
 (i) Where the applicant wishes to make a
 declaration concerning exception to lack of novelty in the international
 application, as may be prescribed under the law of a designated Contracting
 Party, the declaration shall be worded as follows, with the indication of
 those industrial designs to which the declaration relates: “Declaration
 Concerning Exception to Lack of Novelty “The applicant claims to benefit
 from exceptional treatments provided for in the applicable laws of the
 designated Contracting Parties concerned, for disclosure of [all] the
 [following] industrial designs included in the present application.” 
 

 (ii) Where the applicant wishes to submit
 documentation on the type and date of disclosure, the international
 application may be accompanied by such documentation.
 

 
 

 (d) Where the applicant wishes to submit a statement as
 referred to in Rule 7(5)(g), the statement shall be in the format established by
 the International Bureau in agreement with the designated Contracting Party
 concerned.
 

 
 

 
 35 U.S.C. 383 
 International design application. 

 
 In addition to any requirements pursuant to
 chapter 16, the international design application shall contain— 
 
 (1) a request for international registration
 under the treaty;
 

 (2) an indication of the designated
 Contracting Parties;
 

 (3) data concerning the applicant as
 prescribed in the treaty and the Regulations;
 

 (4) copies of a reproduction or, at the
 choice of the applicant, of several different reproductions of the
 industrial design that is the subject of the international design
 application, presented in the number and manner prescribed in the treaty and
 the Regulations;
 

 (5) an indication of the product or products
 that constitute the industrial design or in relation to which the industrial
 design is to be used, as prescribed in the treaty and the Regulations;
 

 (6) the fees prescribed in the treaty and
 the Regulations; and
 

 (7) any other particulars prescribed in the
 Regulations.
 

 
 

 
 

 
 37 CFR 1.1021 Contents of the international design application. 

 
 (a) Mandatory contents. The international design application shall
 be in English, French, or Spanish (Rule 6(1)) and shall contain or be accompanied
 by: 
 
 (1) A request for international registration
 under the Hague Agreement (Article 5(1)(i));
 

 (2) The prescribed data concerning the
 applicant (Article 5(1)(ii) and Rule 7(3)(i) and (ii));
 

 (3) The prescribed number of copies of a
 reproduction or, at the choice of the applicant, of several different
 reproductions of the industrial design that is the subject of the
 international design application, presented in the prescribed manner;
 however, where the industrial design is two-dimensional and a request for
 deferment of publication is made in accordance with Article 5(5), the
 international design application may, instead of containing reproductions,
 be accompanied by the prescribed number of specimens of the industrial
 design (Article 5(1)(iii));
 

 (4) An indication of the product or products
 that constitute the industrial design or in relation to which the industrial
 design is to be used, as prescribed (Article 5(1)(iv) and Rule
 7(3)(iv));
 

 (5) An indication of the designated
 Contracting Parties (Article 5(1)(v));
 

 (6) The prescribed fees (Article 5(1)(vi) and
 Rule 12(1)); 
 

 (7) The Contracting Party or Parties in
 respect of which the applicant fulfills the conditions to be the holder of
 an international registration (Rule 7(3)(iii));
 

 (8) The number of industrial designs
 included in the international design application, which may not exceed 100,
 and the number of reproductions or specimens of the industrial designs
 accompanying the international design application (Rule 7(3)(v));
 

 (9) The amount of the fees being paid and
 the method of payment, or instructions to debit the required amount of fees
 to an account opened with the International Bureau, and the identification
 of the party effecting the payment or giving the instructions (Rule
 7(3)(vii)); and
 

 (10) An indication of applicant’s Contracting
 Party as required under Rule 7(4)(a).
 

 
 

 (b) Additional mandatory contents required by certain Contracting
 Parties. 
 (1) Where the international design
 application contains the designation of a Contracting Party that requires,
 pursuant to Article 5(2), any of the following elements, then the
 international design application shall contain such required element(s): 
 
 (i) Indications concerning the identity
 of the creator of the industrial design that is the subject of that
 application (Rule 11(1));
 

 (ii) A brief description of the
 reproduction or of the characteristic features of the industrial
 design that is the subject of that application (Rule 11(2));
 

 (iii) A claim (Rule 11(3)).

 
 

 (2) Where the international design
 application contains the designation of a Contracting Party that has made a
 declaration under Rule 8(1), then the international application shall
 contain the statement, document, oath or declaration specified in that
 declaration (Rule 7(4)(c)).
 

 
 

 (c) Optional contents. The international design application may
 contain: 
 
 (1) Two or more industrial designs, subject
 to the prescribed conditions (Article 5(4) and Rule 7(7)); 
 

 (2) A request for deferment of publication
 (Article 5(5) and Rule 7(5)(e)) or a request for immediate publication (Rule
 17);
 

 (3) An element referred to in item (i) or
 (ii) of Article 5(2)(b) of the Hague Agreement or in Article 8(4)(a) of the
 1960 Act even where that element is not required in consequence of a
 notification in accordance with Article 5(2)(a) of the Hague Agreement or in
 consequence of a requirement under Article 8(4)(a) of the 1960 Act (Rule
 7(5)(a));
 

 (4) The name and address of applicant’s
 representative, as prescribed (Rule 7(5)(b));
 

 (5) A claim of priority of one or more
 earlier filed applications in accordance with Article 6 and Rule 7(5)(c);
 
 

 (6) A declaration, for purposes of Article 11
 of the Paris Convention, that the product or products which constitute the
 industrial design or in which the industrial design is incorporated have
 been shown at an official or officially recognized international exhibition,
 together with the place where the exhibition was held and the date on which
 the product or products were first exhibited there and, where less than all
 the industrial designs contained in the international design application are
 concerned, the indication of those industrial designs to which the
 declaration relates or does not relate (Rule 7(5)(d));
 

 (7) Any declaration, statement or other
 relevant indication as may be specified in the Administrative Instructions
 (Rule 7(5)(f));
 

 (8) A statement that identifies information
 known by the applicant to be material to the eligibility for protection of
 the industrial design concerned (Rule 7(5)(g));
 

 (9) A proposed translation of any text
 matter contained in the international design application for purposes of
 recording and publication (Rule 6(4)).
 

 
 

 (d) Required contents where the United States is designated. In
 addition to the mandatory requirements set forth in paragraph (a) of this section,
 an international design application that designates the United States shall
 contain or be accompanied by:
 
 (1) A claim (§§ 1.1021(b)(1)(iii) and 1.1025 ); 
 

 (2) Indications concerning the identity of
 the creator (i.e., the inventor, see § 1.9(d) ) in accordance with Rule 11(1); and
 

 (3) The inventor's oath or declaration (§§
 1.63 and 1.64 ). The requirements
 in §§ 1.63(b) and 1.64(b)(4) to identify each inventor by his or her
 legal name, mailing address, and residence, if an inventor lives at a
 location which is different from the mailing address, and the requirement in
 § 1.64(b)(2) to identify the residence and mailing
 address of the person signing the substitute statement, will be considered
 satisfied by the presentation of such information in the international
 design application prior to international registration
 

 
 

 
 

 The elements of an international design application fall
 into three categories: (1) mandatory contents; (2) additional mandatory contents; and (3)
 optional contents.
 

 I. MANDATORY CONTENTS Mandatory contents are those items required in all
 international design applications. Such contents are set forth in Article 5(1) and Rule
 7 of the Hague Agreement and 37 CFR 1.1021(a) . Specifically, the
 international design application must be in English, French, or Spanish, it must be
 presented on the official form (see MPEP § 2909.01 ) and signed by
 the applicant, and it must include: (1) a request for international registration under
 the Hague Agreement; (2) the prescribed data concerning the applicant; (3) the
 prescribed number of copies of a reproduction or, at the choice of the applicant, of
 several different reproductions of the industrial design that is the subject of the
 international design application, presented in the prescribed manner (where the
 industrial design is two-dimensional and a request for deferment of publication is made
 in accordance with Article 5(5) of the Hague Agreement, the international design
 application may, instead of containing reproductions, be accompanied by the prescribed
 number of specimens of the industrial design); (4) an indication of the product or
 products that constitute the industrial design or in relation to which the industrial
 design is to be used, as prescribed; (5) an indication of the designated Contracting
 Parties; (6) the prescribed fees; (7) the Contracting Party or Parties in respect of
 which the applicant fulfills the conditions to be the holder of an international
 registration; (8) the number of industrial designs included in the international
 application, which may not exceed 100, and the number of reproductions or specimens of
 the industrial designs accompanying the international application; (9) the amount of the
 fees being paid and the method of payment or instructions to debit the required amount
 of fees to an account opened with the International Bureau and the identification of the
 party effecting the payment or giving the instructions; and (10) an indication of
 applicant’s Contracting Party as required under Rule 7(4)(a).
 

 II. ADDITIONAL MANDATORY CONTENTS Additional mandatory contents are elements that are
 required by certain Contracting Parties and therefore are mandatory in any international
 design application that designates such Contracting Parties (see Article 5(2) and Rule 7
 of the Hague Agreement and 37 CFR 1.1021(b) ). Such additional
 mandatory contents may consist of, pursuant to Article 5(2) of the Hague Agreement,
 indications concerning the identity of the creator, a brief description of the
 reproduction or of the characteristic features of the industrial design, and/or a claim,
 and, pursuant to Rule 8(1) of the Hague Agreement, a statement, document, oath, or
 declaration.
 

 III. OPTIONAL CONTENTS Optional contents are items that may be included in an
 international design application. Optional contents are addressed in Rule 7(5) of the
 Hague Agreement and 37 CFR 1.1021(c) and may include: (1)
 two or more industrial designs, subject to the prescribed conditions; (2) a request for
 deferment of publication or a request for immediate publication; (3) any of the
 additional mandatory elements discussed above, even if such elements are not required by
 any Contracting Party designated in the international design application; (4) the
 prescribed information concerning the applicant’s representative; (5) a claim of
 priority of one or more earlier filed applications, which, pursuant to Administrative
 Instruction section 408(a), may be accompanied by an access code allowing to retrieve
 the priority document from a Digital Access Service for Priority Documents (DAS) digital
 library; (6) a declaration, for purposes of Article 11 of the Paris Convention, that the
 product or products that constitute the industrial design, or in which the industrial
 design is incorporated, have been shown at an official or officially recognized
 international exhibition, together with the place where the exhibition was held and the
 date on which the product or products were first exhibited there and, where less than
 all the industrial designs contained in the international application are concerned, the
 indication of those industrial designs to which the declaration relates or does not
 relate; (7) any declaration, statement, or other relevant indication as may be specified
 in the Administrative Instructions; (8) a statement that identifies information known by
 the applicant to be material to the eligibility for protection of the industrial design
 concerned; and (9) a proposed translation of any text matter contained in the
 international application for purposes of recording and publication.
 

 IV. REQUIRED CONTENTS WHERE THE UNITED STATES IS DESIGNATED As set forth in 37 CFR
 1.1021(d) , in addition to the mandatory requirements otherwise
 required for international design applications, an international design application
 designating the United States must also include: (1) a claim ( 37 CFR
 1.1021(b)(1)(iii) and 37 CFR
 1.1025 ); (2) indications concerning the identity of the creator
 (i.e., the inventor, see 37 CFR 1.9(d) ) in accordance with Rule
 11(1); and (3) the inventor’s oath or declaration ( 37 CFR 1.63 
 and 1.64 ). 
 

 A claim is a filing date requirement for design
 applications in the United States. See 35 U.S.C. 171 . The United States has
 declared, pursuant to Article 5(2), that an international design application designating
 the United States must contain a claim. See MPEP §
 2903 . Consequently, an international design application
 designating the United States that does not contain a claim will not be registered by
 the International Bureau in the international register and thus will not be entitled to
 a filing date in the United States. See MPEP §§
 2907 and 2908 . In such case, the International
 Bureau will invite the applicant to submit the claim within a prescribed time limit and
 will accord a date of international registration as of the date of receipt of the claim
 (assuming there are no other defects). Failure to timely submit the claim in response to
 the invitation by the International Bureau will result in the application being deemed
 not to contain the designation of the United States. See Article 8(2)(b). Use of the
 official application form (form DM/1) will help ensure that applicants designating the
 United States will satisfy the requirement for a claim, as Item (12) of the official
 form includes a claim for the purposes of the designation of the United States. See
 MPEP §
 2909.01 .
 

 Pursuant to Rule 8(1), the United States has declared
 that an international design application designating the United States must contain an
 oath or declaration of the creator and indications concerning the identity of the
 creator. See MPEP § 2903 . The requirements for the inventor’s oath or
 declaration are set forth in 37 CFR 1.63 and 1.64 .
 37 CFR
 1.1021(d) further provides that the requirements in
 37 CFR
 1.63(b) and 1.64(b)(4) to identify each inventor
 by his or her legal name, mailing address, and residence, if an inventor lives at a
 location which is different from the mailing address, and the requirement in
 37 CFR
 1.64(b)(2) to identify the residence and mailing address of the
 person signing the substitute statement will be considered satisfied by the presentation
 of such information in the international design application prior to international
 registration. If the inventor’s oath or declaration has not been filed, the
 International Bureau will invite the applicant to submit the inventor’s oath or
 declaration within a prescribed time limit. Failure to timely submit the inventor’s oath
 or declaration in response to the invitation by the International Bureau will result in
 the application being deemed not to contain the designation of the United States. See
 Article 8(2)(b). Annex I to the official application form (form DM/1) available at
 www.wipo.int/hague/en/forms/ includes a declaration of inventorship
 form and a substitute statement form for use with international design applications
 designating the United States. See MPEP § 2909.03 .
 

 An international design application designating the
 United States must include a specification as prescribed by 35 U.S.C. 112 
 and preferably include a brief description of the reproductions pursuant to Rule 7(5)(a)
 describing the view or views of the reproductions. See 37 CFR
 1.1024 . The Office encourages applicants filing international
 design applications that designate the United States to include a brief description in
 the application describing the views of the reproductions, as such description is
 helpful for examination and may, in some cases, help avoid issues concerning the scope
 of the claimed design or sufficiency of disclosure. Furthermore, a description of the
 view or views of the reproductions may be required by the Office in a nonprovisional
 international design application, as defined by 37 CFR 1.9(a)(3) , pursuant to
 37 CFR
 1.1067 . See MPEP § 2920.04(a) , subsection II. The
 brief description of the reproductions should be included in Item (10) “Legends
 (optional) ” of the official application form (form DM/1). See
 MPEP §
 2909.01 .
 

 An international design application designating the
 United States may not contain a request for deferment of publication. See
 37 CFR
 1.1028 . In addition, specimens are not permitted in international
 design applications designating the United States. See 37 CFR
 1.1027 .
 

 
 2909.01 Official Form for the Application for
 International Registration [R-01.2024]
 

 
 37 CFR 1.1022 Form and signature 

 
 (a) The international design application shall be
 presented on the official form (Rules 7(1) and 1(vi)). 
 

 (b) The international design application shall be
 signed by the applicant.
 

 
 

 
 Hague Rule 7 

 Requirements Concerning the International
 Application 

 
 (1) [ Form and Signature ] The
 international application shall be presented on the official form. The
 international application shall be signed by the applicant.
 

 
 *****

 

 
 Hague Rule 1 

 Definitions 

 
 (1) [ Abbreviated Expressions ] For
 the purposes of these Regulations,
 
 *****

 (vi) “official form” means a form established by
 the International Bureau or an electronic interface made available by the
 International Bureau on the web site of the Organization, or any form or
 electronic interface having the same contents and format;
 

 
 

 
 *****

 

 The international design application must be presented on
 the “official form.” Pursuant to Hague Agreement Rule 1(vi), “official form” means a
 form established by the International Bureau or an electronic interface made available
 by the International Bureau on the website of the Organization, or any form or
 electronic interface having the same contents and format. The form established by the
 International Bureau for filing an international design application is the form DM/1,
 “Application for International Registration”. The DM/1 form and instructions for
 completing the form are currently available on the website of the International Bureau
 at 
 www.wipo.int/hague/en/forms/ . The electronic interface of the
 International Bureau’s electronic filing system, eHague, has the same contents and
 format as the DM/1 form. 
 

 Proper usage of the DM/1 form will help ensure that the
 mandatory, additional mandatory and optional content items for an international design
 application are present upon filing. Detailed instructions for completing the form are
 set forth in the section “How to Submit an International Application to the
 International Bureau – e-filing or form DM/1” of the Guide to the Hague System available
 on WIPO’s website at www.wipo.int/hague/en/guide/ia.html . Form DM/1 includes specific
 spaces to set forth: (1) information concerning the applicant; (2) applicant’s
 entitlement to file an international design application; (3) applicant’s contracting
 party; (4) a correspondence address for the International Bureau where there are
 multiple applicants and no appointed representative; (5) appointment of a
 representative; (6) the number of industrial designs and reproductions included in the
 application; (7) designated Contracting Parties; (8) the applicable product and Locarno
 classification ( MPEP § 907 ); (9) a description; (10) a
 description of the reproductions; (11) the identity of the creator; (12) a claim; (13)
 priority claim; (14) information regarding any international exhibition where any of the
 designs was shown; (15) exception to lack of novelty; (16) relation with a principle
 design; (17) a request for immediate or deferred publication; (18) reduction of the
 individual designation fee; and (19) the signature of the applicant or the applicant’s
 representative. The DM/1 form also includes a “Payment of Fees” section that allows the
 applicant to identity the method of payment and to instruct the International Bureau to
 debit the required fees to a current account established with the International Bureau.
 
 

 

 
 2909.02 Reproductions (Drawings) [R-01.2024]

 
 37 CFR 1.1026 Reproductions 

 Reproductions shall comply with the requirements of
 Rule 9 and Part Four of the Administrative Instructions. 
 

 

 
 Hague Rule 9 

 Reproductions of the Industrial
 Design 

 
 (1) [ Form and Number of Reproductions of
 the Industrial Design ]
 
 (a) Reproductions of the industrial design
 shall, at the option of the applicant, be in the form of photographs or
 other graphic representations of the industrial design itself or of the
 product or products which constitute the industrial design. The same
 product may be shown from different angles; views from different angles
 shall be included in different photographs or other graphic
 representations.
 

 (b) Any reproduction shall be submitted in the
 number of copies specified in the Administrative Instructions.
 

 
 

 (2) [ Requirements Concerning
 Reproductions ]
 
 (a) Reproductions shall be of a quality
 permitting all the details of the industrial design to be clearly
 distinguished and permitting publication.
 

 (b) Matter which is shown in a reproduction but
 for which protection is not sought may be indicated as provided for in
 the Administrative Instructions.
 

 
 

 (3) [ Views Required ]
 
 (a) Subject to subparagraph (b), any
 Contracting Party bound by the 1999 Act which requires certain specified
 views of the product or products which constitute the industrial design
 or in relation to which the industrial design is to be used shall, in a
 declaration, so notify the Director General, specifying the views that
 are required and the circumstances in which they are required.
 

 (b) No Contracting Party may require more than
 one view where the industrial design or product is two-dimensional, or
 more than six views where the product is three-dimensional.
 

 
 

 (4) [ Refusal on Grounds Relating to the
 Reproductions of the Industrial Design ] A Contracting Party may
 not refuse the effects of the international registration on the ground that
 requirements relating to the form of the reproductions of the industrial design
 that are additional to, or different from, those notified by that Contracting
 Party in accordance with paragraph (3)(a) have not been satisfied under its
 law. A Contracting Party may however refuse the effects of the international
 registration on the ground that the reproductions contained in the
 international registration are not sufficient to disclose fully the industrial
 design.
 

 
 

 Administrative instructions concerning reproductions
 contained in Part Four of the Administrative Instructions for the Application of the
 Hague Agreement ("Administrative Instructions") are set forth below:
 

 
 Hague Administrative Instructions Section 401: 

 Presentation of Reproductions 

 
 (a) One and the same international application may
 comprise both photographs and other graphic representations, in black and white
 or in color.
 

 (b) Each reproduction accompanying an international
 application shall be submitted in a single copy.
 

 (c) The photographs or other graphic representations
 accompanying an international application filed on paper shall be either pasted
 or printed directly onto a separate sheet of A4 paper which is white and
 opaque. The separate sheet of paper shall be used upright and shall not contain
 more than 25 reproductions.
 

 (d) The reproductions accompanying an international
 application must be arranged in the orientation in which the applicant wishes
 them to be published. Where that application is filed on paper, a margin of at
 least 5 millimeters should be left around the representation of each industrial
 design.
 

 (e) Each reproduction must fall within a
 right-angled quadrilateral containing no other reproduction or part of another
 reproduction and no numbering. The photographs or other graphic representations
 shall not be folded, stapled or marked in any way.
 

 
 

 
 Hague Administrative Instructions Section 402 

 Representation of the Industrial
 Design 

 
 (a) The photographs and other graphic
 representations shall represent the industrial design alone, or the product in
 relation to which the industrial design is to be used, to the exclusion of any
 other object, accessory, person or animal.
 

 (b) The dimensions of the representation of each
 industrial design appearing in a photograph or other graphic representation may
 not exceed 16 x 16 centimeters, and in respect of at least one representation
 of each design, one of those dimensions must be at least 3 centimeters. With
 respect to the filing of international applications by electronic means, the
 International Bureau may establish a data format, the particulars of which
 shall be published on the web site of the Organization, to ensure compliance
 with these maximum and minimum dimensions.
 

 (c) The following shall not be accepted:
 
 (i) technical drawings, particularly with axes
 and dimensions;
 

 (ii) explanatory text or legends in the
 representation.
 

 
 

 
 

 
 Hague Administrative Instructions Section 403 

 Disclaimers and Matter That Does Not Form
 Part of the Industrial Design or the Product in Relation to Which the Industrial
 Design is to be Used 

 
 (a) Matter which is shown in a reproduction but for
 which protection is not sought may be indicated
 
 (i) in the description referred to in Rule
 7(5)(a) and/or
 

 (ii) by means of dotted or broken lines or
 coloring.
 

 
 

 (b) Notwithstanding Section 402(a), matter that does
 not form part of the industrial design or the product in relation to which the
 industrial design is to be used may be shown in a reproduction if it is
 indicated in accordance with paragraph (a).
 

 
 

 
 Hague Administrative Instructions Section 404 

 Requirements for Photographs and Other
 Graphic Representations 

 
 (a) The photographs supplied must be of professional
 standard and have all the edges cut at right angles. The industrial design must
 be shown against a neutral plain background. Photographs retouched with ink or
 correcting fluid shall not be allowed.
 

 (b) Graphic representations must be of professional
 standard produced with drawing instruments or by electronic means and, where
 the application is filed on paper, must further be produced on good quality
 white, opaque paper, all of whose edges are cut at right angles. The industrial
 design represented may comprise shading and hatching to provide relief. Graphic
 representations executed by electronic means may be shown against a background,
 provided that it is neutral and plain and has only edges cut at right
 angles.
 

 
 

 
 Hague Administrative Instructions Section 405 

 Numbering of Reproductions and
 Legends 

 
 (a) The numbering stipulated for multiple
 international applications shall appear in the margin of each photograph or
 other graphic representation. When the same industrial design is represented
 from different angles, the numbering shall consist of two separate figures
 separated by a dot (e.g., 1.1, 1.2, 1.3, etc. for the first design, 2.1, 2.2,
 2.3, etc. for the second design, and so on).
 

 (b) The reproductions shall be submitted in
 ascending numerical order.
 

 (c) Legends to indicate a specific view of the
 product (e.g., “front view”, “top view”, etc.) may be indicated in association
 with the numbering of the reproduction.
 

 
 

 Reproductions in international design applications must
 comply with the requirements of Hague Agreement Rule 9 and Part Four of the
 Administrative Instructions. See 37 CFR 1.1026 .
 

 Pursuant to Rule 9, the reproductions of the industrial
 design shall, at the option of the applicant, be in the form of photographs or other
 graphic representations of the industrial design itself or of the product or products
 which constitute the industrial design. The same product may be shown from different
 angles; views from different angles shall be included in different photographs or other
 graphic representations. Pursuant to Administrative Instruction 401, only a single copy
 of each reproduction should be submitted. 
 

 The reproductions must be of a quality permitting all the
 details of the industrial design to be clearly distinguished and permitting publication.
 See Rule 9(2). The reproductions should represent the industrial design alone, or the
 product in relation to which the industrial design is to be used, without any other
 object, accessory, person, or animal. However, the reproduction may show matter for
 which protection is not sought if such matter is indicated as provided for in
 Administrative Instruction 403.
 

 Pursuant to Rule 9(3)(a), a Contracting Party may require
 certain specified views of the product or products which constitute the industrial
 design or in relation to which the industrial design is to be used, if the Contracting
 Party has appropriately notified the International Bureau of the required views and the
 circumstances under which they are required. Information concerning specified views
 required by a Contracting Party pursuant to Rule 9(3)(a) is set forth in the section
 “Specific Views” of the Guide to the Hague System available at WIPO’s website at
 www.wipo.int/export/sites/www/hague/en/ docs/hague-system-guide.pdf . 
 

 Additional formal requirements for the reproductions
 (e.g., margins, paper, backgrounds, etc.) are set forth in the Administrative
 Instructions. In addition, technical requirements regarding image files, such as
 resolution, minimum and maximum image size, border width, etc., are set forth on the
 website of the International Bureau at www.wipo.int/hague/
 en/hague_file_renew.html . Reproductions may be filed through the
 USPTO as an office of indirect filing via the USPTO patent electronic filing system as
 PDF or JPEG files in accordance with the Legal Framework for Patent Electronic System.
 See MPEP §§
 502.05 and 2909.02(a) . 
 

 Pursuant to Rule 9(4), a Contracting Party may refuse
 the effects of the international registration on the ground that the reproductions
 contained in the international registration are not sufficient to disclose fully the
 industrial design. To help minimize the risk of receiving a refusal on such grounds, the
 International Bureau has established guidance, in consultation with examining offices,
 to assist applicants in preparing reproductions to help avoid refusals by examining
 offices on grounds of insufficient disclosure of the design. See “Guidance on Preparing
 and Providing Reproductions in Order to Forestall Possible Refusals on the Ground of
 Insufficient Disclosure of an Industrial Design by Examining Offices” available at
 www.wipo.int/export/sites/www/hague/en/docs/
 guidance_reproductions.pdf . 
 

 
 2909.02(a) Reproductions Submitted Through the USPTO
 Patent Electronic Filing System [R-01.2024]
 

 Reproductions of industrial designs are required in
 international design applications and may be submitted as drawings, photographs, or a
 combination thereof, and may be in black and white or in color. See Rule 9 and Part
 Four of the Administrative Instructions for the Application of the Hague Agreement.
 Reproductions may be submitted via the USPTO patent electronic filing system as PDF
 or JPEG files as set forth below. Technical requirements regarding image files, such
 as resolution, minimum and maximum image size, border width, etc., are also set forth
 on the website of the International Bureau at www.wipo.int/hague/en/hague_file_renew.html . 
 

 Reproductions may be submitted as single page PDF or
 JPEG files by attaching the file(s) using the “Reproductions” section of the “Upload
 documents” screen. Alternatively, applicants may attach reproductions as PDFs
 (including multi-page PDFs) using the “Upload documents” section of the “Upload
 documents” screen. Attaching compliant reproductions via the “Reproductions” section,
 rather than the “Upload documents” section, may help to avoid incurring additional
 per page publication fees that might otherwise be required by the International
 Bureau. Each image file attached through the “Reproductions” section should contain
 only one view of the design. The “Reproductions” section will assign a design and
 view number to each file attached under this section. 
 

 In accordance with the technical requirements set
 forth by the International Bureau, the USPTO patent electronic filing system will not
 permit submission of any PDF or JPEG file via the “Reproductions” section that
 exceeds a file size of two megabytes. For JPEG submissions, the USPTO patent
 electronic filing system will provide warnings where requirements pertaining to image
 resolution and minimum and maximum dimensions have not been satisfied; the USPTO
 patent electronic filing system does not check color mode or border size for JPEG
 images. For PDF submissions via the “Reproductions” section, the USPTO patent
 electronic filing system submission of any PDF file that is more than one page is not
 permitted. In addition, the USPTO patent electronic filing system does not check
 color mode, border size, resolution, or maximum or minimum dimensions of the
 reproduction (other than certain minimum and maximum page size dimensions) for PDF
 images. It is the responsibility of applicants to ensure that reproductions satisfy
 all applicable requirements. 
 

 Users attaching reproductions under either the
 “Reproductions” section or the “Upload documents” section should select the document
 description “Drawings – only black and white line drawings” or “Drawings – other than
 black and white line drawings”, as appropriate. The USPTO patent electronic filing
 system will provide a warning to users about the possibility of incurring additional
 per page publication fees where reproductions are attached via the “Attach documents”
 section. The USPTO patent electronic filing system will also provide a warning to
 users where a new international design application does not contain an indication
 that at least one reproduction is attached. See MPEP § 502.05 for
 additional information on using the USPTO patent electronic filing system.
 

 

 

 
 2909.03 Annexes [R-01.2024]

 Annexes to the DM/1 form are used to provide certain
 required or optional items relevant to a particular designated Contracting Party. Annex
 forms (currently Annexes I-V) specific to particular Contracting Parties are available
 on the website of the International Bureau at www.wipo.int/
 hague/en/forms/ .
 

 Annexes specific to the designation of the United States
 include Annex I (for submitting the inventor’s oath or declaration), Annex III (for
 submitting an information disclosure statement), and Annex IV (for submitting a
 certification of micro entity status). Annex II (for submitting supporting documents
 concerning a declaration to the exception to lack of novelty) and Annex V (for
 submitting a document concerning a priority claim) are specific to certain other
 designations as specified in the respective annex.
 

 

 [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