What is the filing date of an international design application in the United States?

According to MPEP 2908, the filing date of an international design application in the United States is typically the “effective registration date.” This is defined in 35 U.S.C. 381(a)(5) as “the date of international registration determined by the International Bureau under the treaty.” Specifically, 35 U.S.C. 384(a) states: “Subject to subsection (b), the filing date…

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What are the filing date requirements for an international design application?

The filing date requirements for an international design application are outlined in MPEP 2906. The International Bureau will accord a filing date to an application that meets the following criteria: The application is in one of the prescribed languages (English, French, or Spanish) It includes an indication that international registration under the Hague Agreement is…

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How does the Hague Agreement affect the filing date of international design applications in the US?

The Hague Agreement significantly influences the filing date of international design applications in the United States. MPEP 2908 outlines how the agreement interacts with U.S. patent law: 1. The Hague Agreement establishes the concept of an “effective registration date,” which is determined by the International Bureau. 2. According to 35 U.S.C. 384(a): “Subject to subsection…

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How does the Saturday, Sunday, or federal holiday exception work for the one-year grace period?

The MPEP provides an exception to the strict one-year grace period rule when the deadline falls on a weekend or federal holiday. Specifically, it states: “Publications, patents, public uses and sales will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing…

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What is the significance of the filing date in relation to the grace period?

The filing date of a patent application is crucial in determining whether a disclosure falls within the grace period and qualifies for the inventor-originated disclosure exception. According to MPEP 2153.01(a): “AIA 35 U.S.C. 102(b)(1)(A) first provides that a disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is excepted as prior…

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