MPEP 2904
Who May File An International Design Application

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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2904    Who May File An International Design Application [R-07.2015]

Hague Article 3

Entitlement to File an International Application

Any person that is a national of a State that is a Contracting Party or of a State member of an intergovernmental organization that is a Contracting Party, or that has a domicile, a habitual residence or a real and effective industrial or commercial establishment in the territory of a Contracting Party, shall be entitled to file an international application.

Pursuant to Article 3 of the Hague Agreement, to be entitled to file an international design application, a person must: (1) be a national of a Contracting Party or of a State that is a member of an intergovernmental organization that is a Contracting Party; or (2) have a domicile, habitual residence, or real and effective industrial or commercial establishment in the territory of a Contracting Party.

Article 1(ix) of the Hague Agreement defines a "person" as a natural person or a legal entity, and Article 1(xiii) defines a "Contracting Party" as a State or intergovernmental organization that is a party to the Hague Agreement.

A list of the Contracting Parties to the Hague Agreement is maintained on the website of the World Intellectual Property Organization (www.wipo.int/hague/en/members/ ).