Title 35 — PatentsRelease 119-73not60
§384 Filing Date
Title 35 › Part V— THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS › Chapter 38— INTERNATIONAL DESIGN APPLICATIONS › § 384
Summary
Treat the filing date of an international design application in the United States as the effective registration date, unless the Director reviews it. If the application meets chapter 16 requirements, it can be handled like a chapter 16 design application. An applicant may ask the Director to review the filing date. The Director can pick a different U.S. filing date and set procedures for that review, including 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 5, 2026
Release point: 119-73not60