# MPEP § 2906: Filing Date Requirements

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S2906

## Section

- **Citation:** MPEP § 2906
- **Heading:** Filing Date Requirements
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 2900 - International Design Applications / MPEP § 2906

## Text

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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## Nearby sections

- [MPEP § 2901 Basic Hague Agreement Principles](https://www.frixlaw.com/law-library/statutes/MPEP_S2901.md)
- [MPEP § 2902 Definitions](https://www.frixlaw.com/law-library/statutes/MPEP_S2902.md)
- [MPEP § 2903 Declarations under the Hague Agreement Made by the United States of America](https://www.frixlaw.com/law-library/statutes/MPEP_S2903.md)
- [MPEP § 2904 Who May File An International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2904.md)
- [MPEP § 2905 Where to File An International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2905.md)
- [MPEP § 2905.01 Filing Through the USPTO as an Office of Indirect Filing](https://www.frixlaw.com/law-library/statutes/MPEP_S2905.01.md)
- [MPEP § 2906 Filing Date Requirements](https://www.frixlaw.com/law-library/statutes/MPEP_S2906.md)
- [MPEP § 2907 International Registration and Date of the International Registration](https://www.frixlaw.com/law-library/statutes/MPEP_S2907.md)
- [MPEP § 2908 Filing Date in the United States](https://www.frixlaw.com/law-library/statutes/MPEP_S2908.md)
- [MPEP § 2909 Contents of the International Design Application](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.md)
- [MPEP § 2909.01 Official Form for the Application for International Registration](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.01.md)
- [MPEP § 2909.02 Reproductions (Drawings)](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.02.md)
- [MPEP § 2909.02(a) Reproductions Submitted Through the USPTO Patent Electronic Filing System](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.02(a).md)
- [MPEP § 2909.03 Annexes](https://www.frixlaw.com/law-library/statutes/MPEP_S2909.03.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S2906. Check the current official text before relying on it. Not legal advice.
