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Title 35 — PatentsRelease 119-73

§384 Filing date

Title 35 › Part PART V— - THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS › Chapter CHAPTER 38— - INTERNATIONAL DESIGN APPLICATIONS › § 384

Last updated Apr 6, 2026|Official source

Summary

When an international design application names the United States, its U.S. filing date is treated as the same date that the international registration becomes effective. If the international application meets the rules of chapter 16, it can be handled like a regular chapter 16 design application in the U.S. The applicant can ask the Director to review the U.S. filing date. The Director can decide the U.S. filing date is a different date than the international registration date. The Director can set rules for that review and may require an extra fee (a surcharge).

Full Legal Text

Title 35, §384

Patents — Source: USLM XML via OLRC

(a)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)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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that

Effective Date

and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as an

Effective Date

of 2012 Amendment note under section 100 of this title.

Reference

Citations & Metadata

Citation

35 U.S.C. § 384

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73