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.

Related Provisions

• 35 U.S.C. § 111
• 35 U.S.C. § 154
• 35 U.S.C. § 371
• 37 CFR § 1.53
• 37 CFR § 1.114

Based on MPEP Last Modified: 10/30/2024 08:50:22