2908 Filing Date in the United States [R-07.2015]
35 U.S.C. 384 Filing date
- (a) IN GENERAL.—Subject to subsection (b), the filing date of an international design application in the United States shall be the effective registration date. Notwithstanding the provisions of this part, any international design application designating the United States that otherwise meets the requirements of chapter 16 may be treated as a design application under chapter 16.
- (b) REVIEW.—An applicant may request review by the Director of the filing date of the international design application in the United States. The Director may determine that the filing date of the international design application in the United States is a date other than the effective registration date. The Director may establish procedures, including the payment of a surcharge, to review the filing date under this section. Such review may result in a determination that the application has a filing date in the United States other than the effective registration date.
35 U.S.C. 381 Definitions
- (a) IN GENERAL.—When used in this part, unless the
context otherwise indicates—
- (1) the term ‘treaty’ means the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on July 2, 1999;
- (2) the term 'regulations'—
- (A) when capitalized, means the Common Regulations under the treaty; and
- (B) when not capitalized, means the regulations established by the Director under this title;
- (3) the terms 'designation', 'designating', and 'designate' refer to a request that an international registration have effect in a Contracting Party to the treaty;
- (4) the term 'International Bureau' means the international intergovernmental organization that is recognized as the coordinating body under the treaty and the Regulations;
- (5) the term 'effective registration date' means the date of international registration determined by the International Bureau under the treaty;
- (6) the term 'international design application' means an application for international registration; and
- (7) the term 'international registration' means the international registration of an industrial design filed under the treaty.
- (b) RULE OF CONSTRUCTION.—Terms and expressions not defined in this part are to be taken in the sense indicated by the treaty and the Regulations.
37 CFR 1.1023 Filing date of an international design application in the United States.
- (a) Subject to paragraph (b) of this section, the filing date of an international design application in the United States is the date of international registration determined by the International Bureau under the Hague Agreement (35 U.S.C. 384 and 381(a)(5)).
- (b) Where the applicant believes the international design application is entitled under the Hague Agreement to a filing date in the United States other than the date of international registration, the applicant may petition the Director under this paragraph to accord the international design application a filing date in the United States other than the date of international registration. Such petition must be accompanied by the fee set forth in § 1.17(f) and include a showing to the satisfaction of the Director that the international design application is entitled to such filing date.
Pursuant to 35 U.S.C. 384(a), the filing date of an international design application in the United States is the “effective registration date”, subject to review pursuant to 35 U.S.C. 384(b). The “effective registration date” means “the date of international registration determined by the International Bureau under the treaty”. See 35 U.S.C. 381(a)(5).
Pursuant to 35 U.S.C. 384(b), an applicant may request review by the Director of the filing date of the international design application in the United States. The procedure for requesting such review is set forth in 37 CFR 1.1023(b). Pursuant to 37 CFR 1.1023(b), where the applicant believes the international design application is entitled under the Hague Agreement to a filing date in the United States other than the date of international registration, the applicant may petition the Director under 37 CFR 1.1023(b) to accord the international design application a filing date in the United States other than the date of international registration. Such petition must be accompanied by the fee set forth in 37 CFR 1.17(f) and include a showing to the satisfaction of the Director that the international design application is entitled to such filing date.
