MPEP § 2911 — MPEP § 2911
Current through: 2022-07-01

2911-Representation 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2911 
 

 
 
 
 
 
 2911 Representation [R-01.2024]

 
 37 CFR 1.1041 Representation in an international design application. 

 
 (a) The applicant may appoint a representative before
 the International Bureau in accordance with Rule 3. 
 

 (b) Applicants of international design applications may
 be represented before the Office as an office of indirect filing by a practitioner
 registered (§ 11.6) or granted limited recognition (§§ 11.9(a) or (b)) to practice
 before the Office in patent matters. Such practitioner may act pursuant to § 1.34
 or pursuant to appointment by the applicant. The appointment must be in writing
 signed by the applicant, must give the practitioner power to act on behalf of the
 applicant, and must specify the name and registration number or limited
 recognition number of each practitioner. An appointment of a representative made
 in the international design application pursuant to Rule 3(2) that complies with
 the requirements of this paragraph will be effective as an appointment before the
 Office as an office of indirect filing. 
 

 
 

 
 Hague Rule 3 

 Representation Before the International
 Bureau 

 
 (1) [ Representative; Number
 Representatives ]
 
 (a) The applicant or the holder may have a
 representative before the International Bureau.
 

 (b) Only one representative may be appointed in
 respect of a given international application or international registration.
 Where the appointment indicates several representatives, only the one
 indicated first shall be considered to be a representative and be recorded
 as such.
 

 (c) Where a partnership or firm composed of
 attorneys or patent or trademark agents has been indicated as representative
 to the International Bureau, it shall be regarded as one representative.
 

 
 

 (2) [ Appointment of the
 Representative ]
 
 (a) The appointment of a representative may be
 made in the international application. The naming of the representative in
 the international application at the time of filing shall constitute an
 appointment by the applicant of such representative.
 

 (b) The appointment of a representative may also
 be made in a separate communication which may relate to one or more
 specified international applications or international registrations of the
 same applicant or holder. The said communication shall be signed by the
 applicant or the holder.
 

 (c) The communication to appoint a representative
 shall contain the name and address, given in accordance with the
 Administrative Instructions, and email address of the representative. Where
 the International Bureau considers that the appointment of a representative
 is irregular, it shall notify accordingly the applicant or holder and the
 purported representative.
 

 
 

 
 *****

 

 Rule 3 of the Hague Agreement provides for the appointment by
 the applicant of a representative before the International Bureau. Rule 3 does not provide
 for any requirement as to professional qualification, nationality, or domicile regarding
 who may be appointed to represent the applicant before the International Bureau. The
 appointment may be made in the international design application or in a separate
 communication. The communication appointing a representative must contain the name and
 address, given in accordance with the Administrative Instructions, and email address of the
 representative. The naming of the representative in the international application at the
 time of filing shall constitute an appointment of such representative. See Rule 3(2). 
 

 The International Bureau makes available forms for the
 appointment of a representative (form DM/7), requesting the recording of a change in name
 and/or address of the representative (form DM/8), and cancellation of recording of
 appointment of a representative (form DM/9). These forms are available at www.wipo.int/hague/en/forms/ . 
 

 With respect to representation before the USPTO as an office
 of indirect filing, 37 CFR 1.1041(b) provides that
 applicants of international design applications may be represented before the Office as an
 office of indirect filing by a practitioner registered ( 37 CFR 11.6 ) or granted limited
 recognition ( 37 CFR
 11.9(a) or (b) ) to practice before the Office
 (including design patent practitioners registered under 37 CFR
 11.6(d) . See MPEP § 1502.02 ). Such practitioner may act
 pursuant to 37 CFR
 1.34 or pursuant to appointment by the applicant. The appointment
 must be in writing signed by the applicant, must give the practitioner power to act on
 behalf of the applicant, and must specify the name and registration number or limited
 recognition number of each practitioner. An appointment of a representative made in the
 international design application pursuant to Rule 3(2) that complies with the requirements
 of 37 CFR
 1.1041(b) will be effective as an appointment before the Office as an
 office of indirect filing. For purposes of representation before the Office during
 prosecution of an international design application that became a national application (see
 37 CFR
 1.9(a)(1) ), the regulations governing national applications shall
 apply. See 37
 CFR 1.1061(a) .
 

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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 20:49:42