37 CFR § 1.1023 — Filing date of an international design (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.1023 Filing date of an international design
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.1023, including 26 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
The filing date of an international design application is determined by specific requirements related to prior-filed applications and international design application protocols.
What this section covers
- Procedural requirements for establishing a valid filing date for international design applications
- Conditions under which a prior nonprovisional application can serve as a basis for filing date determination
Key obligations
- Ensure the prior-filed application meets nonprovisional application requirements
- Confirm the application is entitled to a valid filing date under USPTO regulations
- Verify compliance with international design application designation protocols
Conditions and exceptions
- Recognize specific scenarios where international design filing date requirements may vary
Practice notes
- Carefully document and verify all elements required for establishing an international design application's filing date
- Understand the nuanced interactions between US patent law and international design application protocols
Official MPEP § 1.1023 — Filing date of an international design
Source: USPTOLast Modified: 10/30/2024 08:50:22
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.
[Added, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
- Aia Practice
- Applicability
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- Application Types
- Continuing Applications
- Continuation Applications
- Continuation Benefit
- Design Patents
- Design Priority Benefit
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- International Design
- Hague Principles
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- Ida Filing
- Ida Requirements
- Ida Contents