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.
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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).
