MPEP § 2940 — MPEP § 2940
Current through: 2022-07-01

2940-Statement of Grant of Protection 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2940 
 

 
 
 
 
 
 2940 Statement of Grant of Protection [R-07.2015]

 
 Hague Rule 18bis 

 Statement of Grant of Protection 

 
 (1) [ Statement of Grant of Protection Where No
 Notification of Refusal Has Been Communicated ] 
 
 (a) An Office which has not communicated a
 notification of refusal may, within the period applicable under Rule
 18(1)(a) or (b), send to the International Bureau a statement to the effect
 that protection is granted to the industrial designs, or some of the
 industrial designs, as the case may be, that are the subject of the
 international registration in the Contracting Party concerned, it being
 understood that, where Rule 12(3) applies, the grant of protection will be
 subject to the payment of the second part of the individual designation
 fee.
 

 (b) The statement shall indicate
 
 (i) the Office making the statement,

 (ii) the number of the international
 registration,
 

 (iii) where the statement does not relate to
 all the industrial designs that are the subject of the international
 registration, those to which it relates,
 

 (iv) the date on which the international
 registration produced or shall produce the effect as a grant of
 protection under the applicable law, and
 

 (v) the date of the statement.

 
 

 (c) Where the international registration was
 amended in a procedure before the Office, the statement shall also contain
 or indicate all amendments.
 

 (d) Notwithstanding subparagraph (a), where Rule
 18(1)(c)(i) or (ii) applies, as the case may be, or where protection is
 granted to the industrial designs following amendments in a procedure before
 the Office, the said Office must send to the International Bureau the
 statement referred to in subparagraph (a).
 

 (e) The applicable period referred to in
 subparagraph (a) shall be the period allowed pursuant to Rule 18(1)(c)(i) or
 (ii), as the case may be, to produce the effect as a grant of protection
 under the applicable law, with respect to a designation of a Contracting
 Party having made a declaration under either of the aforementioned
 Rules.
 

 
 

 (2) [Statement of Grant of Protection Following a
 Refusal] 
 
 (a) An Office which has communicated a
 notification of refusal and which has decided to either partially or totally
 withdraw such refusal, may, instead of notifying a withdrawal of refusal in
 accordance with Rule 18(4)(a), send to the International Bureau a statement
 to the effect that protection is granted to the industrial designs, or some
 of the industrial designs, as the case may be, that are the subject of the
 international registration in the Contracting Party concerned, it being
 understood that, where Rule 12(3) applies, the grant of protection will be
 subject to the payment of the second part of the individual designation
 fee.
 

 (b) The statement shall indicate
 
 (i) the Office making the notification,

 (ii) the number of the international
 registration,
 

 (iii) where the statement does not relate to
 all the industrial designs that are the subject of the international
 registration, those to which it relates or does not relate,
 

 (iv) the date on which the international
 registration produced the effect as a grant of protection under the
 applicable law, and
 

 (v) the date of the statement.

 
 

 (c) Where the international registration was
 amended in a procedure before the Office, the statement shall also contain
 or indicate all amendments.
 

 
 

 (3) [Recording, Information to the Holder and
 Transmittal of Copies] The International Bureau shall record any statement
 received under this Rule in the International Register, inform the holder
 accordingly and, where the statement was communicated, or can be reproduced, in
 the form of a specific document, transmit a copy of that document to the
 holder.
 

 
 

 
 37 CFR 1.1068 Statement of grant of protection. 

 Upon issuance of a patent on an international design
 application designating the United States, the Office may send to the International
 Bureau a statement to the effect that protection is granted in the United States to
 those industrial design or designs that are the subject of the international
 registration and covered by the patent.
 

 

 Upon issuance of a patent on a nonprovisional international
 design application, the Office will send to the International Bureau a statement that
 protection is granted in the United States to the industrial design or designs that are the
 subject of the international registration and covered by the patent. See 37 CFR
 1.1068 . The sending of such a statement is provided for under Hague
 Agreement Rule 18 bis and serves the purpose of providing notice to the
 public and third parties through publication of the statement by the International Bureau
 in the International Designs Bulletin that protection for an industrial design has been
 granted in the United States. 
 

 [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