MPEP § 2908 — MPEP § 2908
Current through: 2022-07-01

2908-Filing Date in the United States 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 2900 

 Section 2908 
 

 
 
 
 
 
 2908 Filing Date in the United States [R-07.2015]

 
 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
 

 (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. 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.
 

 [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 20:49:42