Filing Date Requirements

Hague Article 9

Filing Date of the International

Application

(1) [

International Application Filed

Directly

] Where the international application is filed directly with

the International Bureau, the filing date shall, subject to paragraph (3), be the

date on which the International Bureau receives the international application.

(2) [

International Application Filed

Indirectly

] Where the international application is filed through the

Office of the applicant's Contracting Party, the filing date shall be determined

as prescribed.

(3) [

International Application with Certain

Irregularities

] Where the international application has, on the date

on which it is received by the International Bureau, an irregularity which is

prescribed as an irregularity entailing a postponement of the filing date of the

international application, the filing date shall be the date on which the

correction of such irregularity is received by the International Bureau.

Hague Rule 14

Examination by the International

Bureau

(1) [

Time Limit for Correcting

Irregularities

]

(a) If the International Bureau finds that the

international application does not, at the time of its receipt by the

International Bureau, fulfill the applicable requirements, it shall invite

the applicant to make the required corrections within three months from the

date of the invitation sent by the International Bureau.

(b) Notwithstanding subparagraph (a), where the

amount of the fees received at the time of receipt of the international

application is less than the amount corresponding to the basic fee for one

design, the International Bureau may first invite the applicant to make the

payment of at least the amount corresponding to the basic fee for one design

within two months from the date of the invitation sent by the International

Bureau.

h (a), where the

amount of the fees received at the time of receipt of the international

application is less than the amount corresponding to the basic fee for one

design, the International Bureau may first invite the applicant to make the

payment of at least the amount corresponding to the basic fee for one design

within two months from the date of the invitation sent by the International

Bureau.

(2) [

Irregularities Entailing a Postponement

of the Filing Date of the International Application

] Where the

international application has, on the date on which it is received by the

International Bureau, an irregularity which is prescribed as an irregularity

entailing a postponement of the filing date of the international application, the

filing date shall be the date on which the correction of such irregularity is

received by the International Bureau. The irregularities which are prescribed as

entailing a postponement of the filing date of the international application are

the following:

(a) the international application is not in one

of the prescribed languages;

(b) any of the following elements is missing from

the international application:

(i) an express or implicit indication that

international registration under the 1999 Act or the 1960 Act is

sought;

(ii) indications allowing the identity of the

applicant to be established;

(iii) indications sufficient to enable the

applicant or its representative, if any, to be contacted;

(iv) a reproduction, or, in accordance with

Article 5(1)(iii) of the 1999 Act, a specimen, of each industrial

design that is the subject of the international application;

tration under the 1999 Act or the 1960 Act is

sought;

(ii) indications allowing the identity of the

applicant to be established;

(iii) indications sufficient to enable the

applicant or its representative, if any, to be contacted;

(iv) a reproduction, or, in accordance with

Article 5(1)(iii) of the 1999 Act, a specimen, of each industrial

design that is the subject of the international application;

(v) the designation of at least one

Contracting Party.

(3) [

International Application Considered

Abandoned; Reimbursement of Fees

] Where an irregularity, other than

an irregularity referred to in Article 8(2)(b) of the 1999 Act, is not remedied

within the time limit referred to in paragraphs (1)(a) or (b), the international

application shall be considered abandoned and the International Bureau shall

refund any fees paid in respect of that application, after deduction of an amount

corresponding to the basic fee.

Hague Rule 13

International Application Filed Through an

Office

*****

(3) [

Filing Date of International Application

Filed Indirectly

] Subject to Rule 14(2), the filing date of an

international application filed through an Office shall be

(i) where the international application is

governed exclusively by the 1999 Act, the date on which the international

application was received by that Office, provided that it is received by the

International Bureau within one month of that date;

(ii) in any other case, the date on which the

International Bureau receives the international application.

(4) [

Filing Date Where Applicant’s Contracting

Party Requires a Security Clearance

] Notwithstanding paragraph (3), a

Contracting Party whose law, at the time that it becomes party to the 1999 Act,

requires security clearance may, in a declaration, notify the Director General

that the period of one month referred to in that paragraph shall be replaced by a

period of six months.

Hague Rule 6

Languages

[

Filing Date Where Applicant’s Contracting

Party Requires a Security Clearance

] Notwithstanding paragraph (3), a

Contracting Party whose law, at the time that it becomes party to the 1999 Act,

requires security clearance may, in a declaration, notify the Director General

that the period of one month referred to in that paragraph shall be replaced by a

period of six months.

Hague Rule 6

Languages

(1) [

International Application

] The

international application shall be in English, French or Spanish.

*****

The filing date of an international design application is

accorded by the International Bureau pursuant to Article 9 and Rules 14(2) and 13(3) of the

Hague Agreement. The filing date of an international design application in the United

States is not necessarily the same date as the filing date accorded by the International

Bureau. See

MPEP § 2908

. The filing date accorded by the International

Bureau is referred to as the international filing date.

Pursuant to Rule 14(2), the International Bureau will accord

the international design application a filing date only if the application is in one of the

prescribed languages. The prescribed languages, set forth in Hague Agreement Rule 6, are

English, French, and Spanish. In addition, the international design application must

include:

(1) an indication that international registration under

the Hague Agreement is requested;

(2) a sufficient indication of the applicant’s

identity;

(3) a sufficient indication to allow the applicant or its

representative to be contacted;

(4) a reproduction or specimen of each industrial design

that is the subject of the application; and

n addition, the international design application must

include:

(1) an indication that international registration under

the Hague Agreement is requested;

(2) a sufficient indication of the applicant’s

identity;

(3) a sufficient indication to allow the applicant or its

representative to be contacted;

(4) a reproduction or specimen of each industrial design

that is the subject of the application; and

(5) the designation of at least one Contracting Party.

If the international design application does not fulfill the

applicable requirements, the International Bureau will invite the applicant to make the

required corrections within a prescribed time limit. See Rule 14(1)(a) and (b). If the

defect concerns a missing element required under Rule 14(2) and the applicant timely

provides the missing element required under Rule 14(2), the date on which the missing

element is received by the International Bureau will be the filing date accorded by the

International Bureau. Where the defect, other than a defect referred to in Article 8(2)(b),

is not timely remedied, the international design application shall be considered abandoned.

Failure to timely remedy a defect referred to in Article 8(2)(b) will result in the

international design application being deemed not to contain the designation of the

Contracting Party concerned. See

MPEP § 2907

.

With respect to an international design application filed

indirectly through the office of a Contracting Party that is governed exclusively by the

1999 Geneva Act, the international filing date will be the date the international design

application was received in the office of the Contracting Party, subject to Rule 14(2), and

provided that the application is received by the International Bureau within the time

period specified in Rule 13(3)

ication filed

indirectly through the office of a Contracting Party that is governed exclusively by the

1999 Geneva Act, the international filing date will be the date the international design

application was received in the office of the Contracting Party, subject to Rule 14(2), and

provided that the application is received by the International Bureau within the time

period specified in Rule 13(3). The time period specified in Rule 13(3) is one month from

the date of receipt of the application by the Contracting Party or six months from the date

of receipt where the Contracting Party has notified the International Bureau that it

requires security clearance before communicating the application. The United States has

notified the International Bureau that it requires a security clearance. See

MPEP §

2903

.

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