35 U.S.C. § 385 — Effect of international design (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 385 Effect of international design
This page consolidates MPEP guidance interpreting 35 U.S.C. § 385, including 22 rules 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.
Summary
An international design application filed in the United States has the same effect as a US application from its filing date, determined by section 384.
What this section covers
- This section covers how an international design application filing in the United States operates and aligns with section 384 for determining the filing date.
- It provides guidance on the effect of an international design application filing in the United States, ensuring compliance with USC and CFR requirements.
Key obligations
- Ensure the international design application filing date aligns with section 384 for proper effect in the United States.
- Properly designate the application to the United States to ensure its effect as a US patent application.
- Comply with USC and CFR requirements for the international design application to have effect in the United States.
Practice notes
- Draft the international design application to ensure it is properly designated and filed in the United States for maximum effect.
- Avoid common pitfalls such as not properly designating the application to the United States, which can lead to loss of priority or patent rights.
Official MPEP § 385 — Effect of international design
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 385 Effect of international design application.
An international design application designating the United States shall have the effect, for all purposes, from its filing date determined in accordance with section 384 , of an application for patent filed in the Patent and Trademark Office pursuant to chapter 16.
(Added Dec. 18, 2012, Public Law 112-211, sec. 101(a) (effective May 13, 2015), 126 Stat. 1529.)
- Aia Practice
- Aia Overview
- Application Types
- Continuing Applications
- Cip Applications
- Design Patents
- Design Priority Benefit
-
- Duty Of Disclosure
- Disclosure Basics
- Ids
- International Design
- Hague Principles
- Ida Filing
- Ida Grant
- Ida Requirements
- Ida Contents
- Patent Term
- Patent Term Adjustment
- Pct
- Pct Fees
| MPEP Section | Rules |
|---|---|
| MPEP § 201.01 | |
| MPEP § 2701 | |
| MPEP § 2710 | |
| MPEP § 2730 | |
| MPEP § 2920.05(f) | |
| MPEP § 409.03 | |
| MPEP § 607 |