Can an applicant request a different filing date for an international design application in the US?

This page is an FAQ based on guidance 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.

Yes, an applicant can request a review of the filing date for an international design application in the United States. This process is outlined in 35 U.S.C. 384(b) and further detailed in 37 CFR 1.1023(b).

According to MPEP 2908:

“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 37 CFR 1.1023(b) to accord the international design application a filing date in the United States other than the date of international registration.“

To request such a review, the applicant must:

• File a petition to the Director
• Pay the fee set forth in 37 CFR 1.17(f)
• Provide a showing that satisfies the Director that the application is entitled to a different filing date