What is the filing date of an international design application in the United States?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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.