# MPEP § 2908: Filing Date in the United States

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S2908

## Section

- **Citation:** MPEP § 2908
- **Heading:** Filing Date in the United States
- **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 § 2908

## Text

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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## 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_S2908. Check the current official text before relying on it. Not legal advice.