MPEP § 2907 — MPEP § 2907
Current through: 2022-07-01

2907-International Registration and Date of the International Registration 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2900 

 Section 2907 
 

 
 
 
 
 
 2907 International Registration and Date of the
 International Registration [R-01.2024]
 

 
 Hague Article 10 

 International Registration, Date of the
 International Registration, Publication and Confidential Copies of the International
 Registration 

 
 (1) [ International Registration ] The
 International Bureau shall register each industrial design that is the subject of
 an international application immediately upon receipt by it of the international
 application or, where corrections are invited under Article 8, immediately upon
 receipt of the required corrections. The registration shall be effected whether or
 not publication is deferred under Article 11.
 

 (2) [ Date of the International
 Registration ] 
 
 (a) Subject to subparagraph (b), the date of the
 international registration shall be the filing date of the international
 application.
 

 (b) Where the international application has, on
 the date on which it is received by the International Bureau, an
 irregularity which relates to Article 5(2), the date of the international
 registration shall be the date on which the correction of such irregularity
 is received by the International Bureau or the filing date of the
 international application, whichever is the later. 
 

 
 

 
 *****

 

 
 Hague Rule 15 

 Registration of the Industrial Design in the International
 Register 

 
 (1) [ Registration of the Industrial Design in
 the International Register ] Where the International Bureau finds that
 the international application conforms to the applicable requirements it shall
 register the industrial design in the International Register and send a
 certificate to the holder.
 

 (2) [ Contents of the Registration ]
 The international registration shall contain 
 
 (i) all the data contained in the international
 application, except any priority claim under Rule 7(5)(c) where the date of
 the earlier filing is more than six months before the filing date of the
 international application;
 

 (ii) any reproduction of the industrial design;

 (iii) the date of the international
 registration;
 

 (iv) the number of the international
 registration;
 

 (v) the relevant class of the International
 Classification, as determined by the International Bureau.
 

 
 

 
 

 
 Hague Article 5 

 Contents of the International
 Application 

 *****

 
 (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.
 

 
 

 
 *****

 

 If the International Bureau determines that the international
 design application conforms to the applicable requirements, it will register the industrial
 design in the International Register. See Article 10(1) and Rule 15. Pursuant to Article
 10(2), the date of international registration will be the international filing date (see
 MPEP §
 2906 ) unless there is an applicable requirement under Hague
 Agreement Article 5(2) that has not been satisfied, in which case the date of international
 registration will be the date that a timely correction satisfying the outstanding
 requirement(s) of Article 5(2) is received, or the international filing date, whichever is
 later.
 

 Hague Agreement Article 5(2) sets forth additional mandatory
 elements of an international design application that may be required by certain Contracting
 Parties. Where the international design application contains the designation of a
 Contracting Party that has notified the International Bureau that it requires an element
 under Article 5(2), then the international design application must contain that element.
 The additional elements that may be required under Article 5(2) are: (1) an indication
 identifying the creator of the industrial design; (2) a brief description of the
 reproduction or of the characteristic features of the industrial design; and (3) a
 claim.
 

 If the international design application does not comply with
 the applicable requirements, including any missing element required under Article 5(2), the
 International Bureau will invite the applicant to remedy the defect within a prescribed
 time limit. See Rule 14(1)(a) and (b). Where the defect relates to a missing requirement
 under Article 5(2), or to a special requirement notified to the International Bureau in
 accordance with the Regulations under the Hague Agreement (e.g., the requirement for an
 oath or declaration of the creator pursuant to Rule 8), the failure to timely comply with
 the invitation will result in the international design application being deemed not to
 contain the designation of the Contracting Party concerned. See Article 8(2)(b).
 

 [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