35 U.S.C. § 381 — Definitions (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 381 Definitions
Source: Patent Statute (35 U.S.C.)BlueIron Update:
This page consolidates MPEP guidance interpreting 35 U.S.C. § 381, including 5 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
This section provides definitions for key terms related to filing dates in the United States, specifically focusing on how 'treaty' is defined by the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
What this section covers
- Define the term 'treaty' in the context of filing dates for industrial designs.
Key obligations
- Inform practitioners that the filing date in the United States is defined by the Geneva Act of the Hague Agreement.
Conditions and exceptions
- Check for any context-specific definitions that might alter the general definition provided.
Practice notes
- Review the specific filing requirements and definitions in the Hague Agreement for any unique filing date considerations.
- Assume that all filings are subject to the same filing date rules, as context-specific definitions may apply.
Official MPEP § 381 — Definitions
Source: USPTOLast Modified: 10/30/2024 08:50:22
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.
(Added Dec. 18, 2012, Public Law 112-211, sec. 101(a) (effective May 13, 2015), 126 Stat. 1527.)
- International Design
- Hague Principles
| MPEP Section | Rules |
|---|---|
| MPEP § 2902 | |
| MPEP § 2908 |