MPEP § 2905 — Where to File An International Design Application
Ninth Edition, Revision 01.2024 · last revised R-01.2024
Hague Article 4
Procedure for Filing the International Application
- (1) [Direct or Indirect Filing]
- (a) The international application may be filed, at the option of the applicant, either directly with the International Bureau or through the Office of the applicant's Contracting Party.
- (b) Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify the Director General that international applications may not be filed through its Office.
- (2) [Transmittal Fee in Case of Indirect Filing] The Office of any Contracting Party may require that the applicant pay a transmittal fee to it, for its own benefit, in respect of any international application filed through it.
Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or indirectly through the office of the applicant’s Contracting Party. However, Contracting Parties may notify the International Bureau that applications may not be filed indirectly through their office. See Article 4(1)(b). As such, only certain offices may allow for “indirect” filing. The WIPO website provides information on which Contracting Parties permit “indirect” filing through their office. See www.wipo.int/hague/en/declarations/.
Article 1(xiv) of the Hague Agreement defines the “applicant’s Contracting Party” as the Contracting Party from which the applicant derives its entitlement to file an international design application under Hague Agreement Article 3 or, if there is more than one such Contracting Party, the one Contracting Party among those Contracting Parties that the applicant expressly identifies as the “applicant’s Contracting Party” in the international design application.
If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be filed directly with the International Bureau, provided any required foreign filing license has been obtained, or indirectly through the USPTO. See MPEP § 2905.01 regarding filing indirectly through the USPTO. Filing the international design application directly with the International Bureau through the WIPO’s e-filing interface (eHague) offers several benefits to applicants, including allowing for direct entry of application data via the interface, thus eliminating the need to upload a separate application (DM/1) form; validation of the entered data in real time to minimize errors in the application submission; automatic calculation of fees due and determination of appropriate annexes; quicker examination by the International Bureau, which may be important for applicants desiring immediate publication or a certified copy of the international design application for priority purposes quickly; allowing applicants to use eHague to reply to subsequent WIPO communications concerning that application when applicant has used eHague to file the international design application; avoidance of the transmittal fee required by the USPTO for indirectly filed applications; and allowing for reuse of data from previous applications. For further information regarding eHague, see WIPO’s website at https://hague.wipo.int/.