Boris FX is the award-winning developer of Sapphire, Continuum, and Mocha Pro visual effects plug-ins that support Adobe Premiere Pro CC and After Effects CC. Boris FX plug-ins deliver the highest-quality 2D, 3D, and 360/VR plug-ins available on the market. Over one million artists working in broadcast, post-production, and film turn to Boris FX plug-ins to get the job done. Founded in 1995 and based in Boston, MA. Download a free 15 day trial at www.borisfx.com.
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Boris FX plugins are widely-known as the largest third-party library of creative effects, presets, and time-saving tools for professional post-production. Featuring high-quality tools for image processing, look development, titling, motion tracking, keying and compositing, image restoration, and 360/VR. Boris FX delivers powerful solutions that complement Adobe Premiere Pro CC and After Effects CC workflows. Teams who have access to Sapphire, Continuum or Mocha Pro can easily create, save, and share custom presets across Premiere Pro and After Effects to further streamline workflows.
Boris FX products are being used on Hollywood visual effects films must-see T.V., documentaries, music videos, cutting edge 360/VR projects and more. At the 2018 Academy Awards, every film nominated for best visual effects used both Mocha Pro and Sapphire. Recent film projects that have used Boris FX tools include: Black Panther, Thor: Ragnarok, Star Wars: The Last Jedi and Blade Runner 2049. In broadcast television: Silicon Valley, The Man in the High Castle, The Walking Dead and many well known reality TV series.
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On December 18, 2012, the Patent Law Treaties Implementation Act of 2012 (PLTIA) was signed into law. The PLTIA among other things sets forth provisions implementing the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs ("Hague Agreement"). These provisions (Title I of the PLTIA) took effect on May 13, 2015.
The Hague Agreement is an international registration system which offers the possibility of obtaining protection for up to 100 industrial designs in designated member countries and intergovernmental organizations (referred to as "Contracting Parties") by filing a single international application in a single language either directly with the International Bureau of the World Intellectual Property Organization (WIPO) or indirectly through the office of applicant's Contracting Party.
As of May 13, 2015, U.S. applicants can file international design applications through the USPTO as an office of indirect filing, and applicants filing international design applications can designate the United States for design protection. In addition, U.S. design patents resulting from applications filed on or after May 13, 2015 will have a 15 year term from issuance.
Where the applicant does not have a connection to the United States as described above, but does have a connection to another Contracting Party to the Hague Agreement, the applicant may wish to consider filing the international design application directly with the International Bureau, subject to any requirement for a foreign filing license pursuant to 35 U.S.C. 184.
Reproductions may generally be in the form of drawings and/or photographs of the industrial designs. An international design application may include up to 100 industrial designs. However, all of the designs must belong to the same class of the International (Locarno) Classification. The list of classes of the Locarno Classification together with explanatory notes is available on the WIPO web site at:
International design applications are subject to application fees payable to WIPO. In addition, if the international design application is filed through the USPTO as an office of indirect filing, payment of a transmittal fee is required. Applicants filing international design applications through the USPTO are not required to pay the WIPO application fees through the USPTO. However, payment of the transmittal fee is required to be paid to the USPTO in order for the application to be transmitted to the International Bureau. See Questions HA4000 and HA4020 for further information concerning fees.
Use of the WIPO declaration of inventorship form or WIPO substitute statement form is not mandatory but is encouraged, as the WIPO forms are specifically tailored for use in international design applications.
Question HA1100: If the United States is designated, must Annex III for submitting an Information Disclosure Statement (IDS) be included with the submission of the international design application?
No, Annex III for submitting an IDS is not required to be submitted with the international design application. The Office will considered an IDS submitted within three months of the date of publication of the international registration without the need for fee or statement under 37 CFR 1.97(e), and after this three-month period as provided in 37 CFR 1.97.
The requirements applicable to reproductions are set forth in Rule 9 of the Hague Agreement and Part of Four of the Administrative Instructions for the Application of the Hague Agreement. The Regulations under the Hague Agreement and the Administrative Instructions may be accessed on the web site of WIPO at: _texts/. In addition, certain technical requirements regarding image files, such as resolution, minimum and maximum image size, border width, etc., are set forth on the WIPO web site at: _to/file/prepare.html. For reproductions filed through the USPTO as an office of indirect filing via Patent Center, also see the Patent Center Quick Start Guide for international design application submissions available at: _Center_User_Guide_September_2023.pdf.
No, an office of indirect filing does not accord international design applications filing dates under the Hague Agreement. Under the Hague Agreement, the International Bureau reviews international design applications for formal matters and, if appropriate, accords a filing date pursuant to Article 9 and Rules 13 and 14. The office of indirect filing will record the receipt date of the international design application and the International Bureau may accord that date as the filing date pursuant to the relevant provisions of the Hague Agreement.
In addition, for applications filed through the USPTO as an office of indirect filing, an international design application will not be entitled to receive an international filing date that is the receipt date of the international design application by the USPTO if the application is not governed exclusively by the 1999 Geneva Act, or the application is not received by the International Bureau within six months from the date of receipt by the USPTO. Applicants should include payment of the transmittal fee when submitting an international design application to the USPTO to avoid delay in transmitting the application to the International Bureau. In addition, applicants should be cautious when filing through the USPTO to not designate a Contracting Party that is only party to the 1960 Hague Act and not the 1999 Geneva Act.
The international filing date is NOT the filing date of the international design application in the United States. The filing date of an international design application in the United States is the date of international registration. See 35 U.S.C. 384 and Question HA2040. These dates may however be the same date in practice in given applications.
The date of international registration is the later of the international filing date (see Question HA2020) or the date a required element under Article 5(2) is received by the International Bureau. See Article 10(2). The filing date of an international design application in the United States is the date of international registration. See 35 U.S.C. 384.
An element under Article 5(2) is required where the international design application designates a Contracting Party that has made a declaration under Article 5(2) that its national law requires for a filing: (i) an indication identifying the creator of the industrial design; (ii) a brief description of the reproduction or of the characteristic features of the industrial design that is the subject of that application; and/or (iii) a claim. The United States has made a declaration under Article 5(2) requiring a claim.
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