What is the filing date of an international design application in the United States?

According to MPEP 2908, the filing date of an international design application in the United States is typically the “effective registration date.” This is defined in 35 U.S.C. 381(a)(5) as “the date of international registration determined by the International Bureau under the treaty.”

Specifically, 35 U.S.C. 384(a) states:

“Subject to subsection (b), the filing date of an international design application in the United States shall be the effective registration date.“

This means that in most cases, the filing date in the U.S. will be the same as the international registration date assigned by the International Bureau under the Hague Agreement.

To learn more:

• international design application
• filing date
• effective registration date
• Hague Agreement