35 U.S.C. § 382 — Filing international design (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 382 Filing international design
Source: Patent Statute (35 U.S.C.)BlueIron Update:
This page consolidates MPEP guidance interpreting 35 U.S.C. § 382, including 16 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
35 USC 382 governs the process of filing international design patent applications, mandating a license from the Commissioner for Patents before submitting applications abroad.
What this section covers
- Regulatory framework for international design patent applications filed outside the United States.
- Procedural requirements for obtaining permission to file design patents internationally.
Key obligations
- Obtain a license from the Commissioner for Patents before filing any international design patent application.
- Ensure compliance with USPTO requirements when seeking to file design patent applications abroad.
- Adhere to mandatory documentation and priority requirements for international design applications.
Practice notes
- Carefully review and prepare all necessary documentation before seeking international design patent filing permission.
- Understand the potential implications of filing modifications or amendments to international design applications.
Official MPEP § 382 — Filing international design
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 382 Filing international design applications.
- (a) IN GENERAL.—Any person who is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, may file an international design application by submitting to the Patent and Trademark Office an application in such form, together with such fees, as may be prescribed by the Director.
- (b) REQUIRED ACTION.—The Patent and Trademark Office shall perform all acts connected with the discharge of its duties under the treaty, including the collection of international fees and transmittal thereof to the International Bureau. Subject to chapter 17, international design applications shall be forwarded by the Patent and Trademark Office to the International Bureau, upon payment of a transmittal fee.
- (c) APPLICABILITY OF CHAPTER 16.—Except as otherwise provided in this chapter, the provisions of chapter 16 shall apply.
- (d) APPLICATION FILED IN ANOTHER COUNTRY.—An
international design application on an industrial design made in this
country shall be considered to constitute the filing of an application in a
foreign country within the meaning of chapter 17 if the international design
application is filed—
- (1) in a country other than the United States;
- (2) at the International Bureau; or
- (3) with an intergovernmental organization.
(Added Dec. 18, 2012, Public Law 112-211, sec. 101(a) (effective May 13, 2015), 126 Stat. 1528.)
-
-
- Ida Filing
- Ida Requirements
- Ida Applicant
- Ida Contents
- International Bureau
| MPEP Section | Rules |
|---|---|
| MPEP § 140 | |
| MPEP § 1501 | |
| MPEP § 2905.01 | |
| MPEP § 2910 |