MPEP § 2906 — MPEP § 2906
Current through: 2022-07-01

2906-Filing Date Requirements 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2906 
 

 
 
 
 
 
 2906 Filing Date Requirements [R-01.2024]

 
 Hague Article 9 

 Filing Date of the International
 Application 

 
 (1) [ International Application Filed
 Directly ] Where the international application is filed directly with
 the International Bureau, the filing date shall, subject to paragraph (3), be the
 date on which the International Bureau receives the international application.
 

 (2) [ International Application Filed
 Indirectly ] Where the international application is filed through the
 Office of the applicant's Contracting Party, the filing date shall be determined
 as prescribed.
 

 (3) [ International Application with Certain
 Irregularities ] Where the international application has, on the date
 on which it is received by the International Bureau, an irregularity which is
 prescribed as an irregularity entailing a postponement of the filing date of the
 international application, the filing date shall be the date on which the
 correction of such irregularity is received by the International Bureau.
 

 
 

 
 Hague Rule 14 

 Examination by the International
 Bureau 

 
 (1) [ Time Limit for Correcting
 Irregularities ] 
 
 (a) If the International Bureau finds that the
 international application does not, at the time of its receipt by the
 International Bureau, fulfill the applicable requirements, it shall invite
 the applicant to make the required corrections within three months from the
 date of the invitation sent by the International Bureau.
 

 (b) Notwithstanding subparagraph (a), where the
 amount of the fees received at the time of receipt of the international
 application is less than the amount corresponding to the basic fee for one
 design, the International Bureau may first invite the applicant to make the
 payment of at least the amount corresponding to the basic fee for one design
 within two months from the date of the invitation sent by the International
 Bureau. 
 

 
 

 (2) [ Irregularities Entailing a Postponement
 of the Filing Date of the International Application ] Where the
 international application has, on the date on which it is received by the
 International Bureau, an irregularity which is prescribed as an irregularity
 entailing a postponement of the filing date of the international application, the
 filing date shall be the date on which the correction of such irregularity is
 received by the International Bureau. The irregularities which are prescribed as
 entailing a postponement of the filing date of the international application are
 the following:
 
 (a) the international application is not in one
 of the prescribed languages;
 

 (b) any of the following elements is missing from
 the international application:
 
 (i) an express or implicit indication that
 international registration under the 1999 Act or the 1960 Act is
 sought;
 

 (ii) indications allowing the identity of the
 applicant to be established;
 

 (iii) indications sufficient to enable the
 applicant or its representative, if any, to be contacted;
 

 (iv) a reproduction, or, in accordance with
 Article 5(1)(iii) of the 1999 Act, a specimen, of each industrial
 design that is the subject of the international application;
 

 (v) the designation of at least one
 Contracting Party.
 

 
 

 
 

 (3) [ International Application Considered
 Abandoned; Reimbursement of Fees ] Where an irregularity, other than
 an irregularity referred to in Article 8(2)(b) of the 1999 Act, is not remedied
 within the time limit referred to in paragraphs (1)(a) or (b), the international
 application shall be considered abandoned and the International Bureau shall
 refund any fees paid in respect of that application, after deduction of an amount
 corresponding to the basic fee. 
 

 
 

 
 Hague Rule 13 

 International Application Filed Through an
 Office 

 *****

 
 (3) [ Filing Date of International Application
 Filed Indirectly ] Subject to Rule 14(2), the filing date of an
 international application filed through an Office shall be
 
 (i) where the international application is
 governed exclusively by the 1999 Act, the date on which the international
 application was received by that Office, provided that it is received by the
 International Bureau within one month of that date;
 

 (ii) in any other case, the date on which the
 International Bureau receives the international application.
 

 
 

 (4) [ Filing Date Where Applicant’s Contracting
 Party Requires a Security Clearance ] Notwithstanding paragraph (3), a
 Contracting Party whose law, at the time that it becomes party to the 1999 Act,
 requires security clearance may, in a declaration, notify the Director General
 that the period of one month referred to in that paragraph shall be replaced by a
 period of six months.
 

 
 

 
 Hague Rule 6 

 Languages 

 
 (1) [ International Application ] The
 international application shall be in English, French or Spanish.
 

 
 *****

 

 The filing date of an international design application is
 accorded by the International Bureau pursuant to Article 9 and Rules 14(2) and 13(3) of the
 Hague Agreement. The filing date of an international design application in the United
 States is not necessarily the same date as the filing date accorded by the International
 Bureau. See MPEP § 2908 . The filing date accorded by the International
 Bureau is referred to as the international filing date.
 

 Pursuant to Rule 14(2), the International Bureau will accord
 the international design application a filing date only if the application is in one of the
 prescribed languages. The prescribed languages, set forth in Hague Agreement Rule 6, are
 English, French, and Spanish. In addition, the international design application must
 include:
 

 
 (1) an indication that international registration under
 the Hague Agreement is requested;
 

 (2) a sufficient indication of the applicant’s
 identity;
 

 (3) a sufficient indication to allow the applicant or its
 representative to be contacted;
 

 (4) a reproduction or specimen of each industrial design
 that is the subject of the application; and
 

 (5) the designation of at least one Contracting Party.

 
 If the international design application does not fulfill the
 applicable requirements, the International Bureau will invite the applicant to make the
 required corrections within a prescribed time limit. See Rule 14(1)(a) and (b). If the
 defect concerns a missing element required under Rule 14(2) and the applicant timely
 provides the missing element required under Rule 14(2), the date on which the missing
 element is received by the International Bureau will be the filing date accorded by the
 International Bureau. Where the defect, other than a defect referred to in Article 8(2)(b),
 is not timely remedied, the international design application shall be considered abandoned.
 Failure to timely remedy a defect referred to in Article 8(2)(b) will result in the
 international design application being deemed not to contain the designation of the
 Contracting Party concerned. See MPEP § 2907 . 
 

 With respect to an international design application filed
 indirectly through the office of a Contracting Party that is governed exclusively by the
 1999 Geneva Act, the international filing date will be the date the international design
 application was received in the office of the Contracting Party, subject to Rule 14(2), and
 provided that the application is received by the International Bureau within the time
 period specified in Rule 13(3). The time period specified in Rule 13(3) is one month from
 the date of receipt of the application by the Contracting Party or six months from the date
 of receipt where the Contracting Party has notified the International Bureau that it
 requires security clearance before communicating the application. The United States has
 notified the International Bureau that it requires a security clearance. See
 MPEP §
 2903 . 
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2901-Basic Hague Agreement Principles 

 2902-Definitions 

 2903-Declarations under the Hague Agreement Made by the United States of America 

 2904-Who May File An International Design Application 

 2905-Where to File An International Design Application 
 2905.01-Filing Through the USPTO as an Office of Indirect Filing 

 
 

 2906-Filing Date Requirements 

 2907-International Registration and Date of the International Registration 

 2908-Filing Date in the United States 

 2909-Contents of the International Design Application 
 2909.01-Official Form for the Application for International Registration 

 2909.02-Reproductions (Drawings) 
 2909.02(a)-Reproductions Submitted Through the USPTO Patent Electronic Filing System 

 
 

 2909.03-Annexes 

 
 

 2910-International Design Application Fees 

 2911-Representation 

 2912-Correspondence in Respect of International Design Applications Filed With the USPTO as an Office of Indirect Filing 

 2913-Relief from Prescribed Time Limits 

 2914-Conversion of an International Design Application to a Design Application Under 35 U.S.C. Chapter 16 

 2915-2919-[Reserved] 

 2920-National Processing of International Design Applications Designating the United States 
 2920.01-Inventorship 

 2920.02-Applicant 

 2920.03-Correspondence Address 

 2920.04-Elements of a Nonprovisional International Design Application 
 2920.04(a)-Specification 

 2920.04(b)-Reproductions (Drawing Figures) 

 2920.04(c)-Inventor’s Oath or Declaration 

 
 

 2920.05-Examination 
 2920.05(a) -Notification of Refusal 

 2920.05(b)-One Independent and Distinct Design 

 2920.05(c) -Considerations Under 35 U.S.C. 112 

 2920.05(d)-Foreign Priority 

 2920.05(e)-Benefit Claims Under 35 U.S.C. 386(c) 

 2920.05(f)-Information Disclosure Statement in an International Design Application Designating the United States 

 
 

 2920.06-Allowance 

 
 

 2921-2929-[Reserved] 

 2930-Corrections and Other Changes in the International Register 

 2931-2939-[Reserved] 

 2940-Statement of Grant of Protection 

 2941-2949-[Reserved] 

 2950-Grant of Protection Only Upon Issuance of Patent; Term of Design Patent 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:50