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 (b), the filing date of an international design application in the United States shall be the effective registration date.“
3. The “effective registration date” is typically the date of international registration under the Hague Agreement.
4. However, the Hague Agreement also allows for the possibility of a different filing date in certain circumstances, as reflected in 37 CFR 1.1023(b), which provides a mechanism for applicants to petition for a different filing date if they believe they are entitled to one under the Agreement.
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