2905 Where to File An International Design Application [R-07.2022]
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 automatic error checking of inputted data, avoidance of the transmittal fee required by the USPTO for indirectly filed applications, rapid application delivery, and the ability to reuse data from previous applications. For further information regarding eHague, see WIPO’s website at www.wipo.int/hague/en/e-filing.html.