§382 Filing International Design Applications

Summary

People who are U.S. nationals, or who live in, are domiciled in, or have a real and active industrial or commercial place in the United States may file an international design application with the Patent and Trademark Office. They must use the form and pay the fees the Director sets. The Patent and Trademark Office will handle treaty duties, collect international fees and send them to the International Bureau, and forward applications to the International Bureau after a transmittal fee is paid, subject to chapter 17. Rules in chapter 16 apply unless this chapter says otherwise. If the design was made in the United States, the international design application will count as a foreign filing under chapter 17 if it is filed (1) in a country other than the United States, (2) at the International Bureau, or (3) with an intergovernmental organization.