Filing Date in the United States

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

ional 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

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.

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