How is the filing date determined for an international design application filed indirectly?
The filing date for an international design application filed indirectly through the office of a Contracting Party is determined as follows:
- For applications governed exclusively by the 1999 Act: The filing date is the date the application was received by the office of the Contracting Party, provided it is received by the International Bureau within one month of that date.
- For other cases: The filing date is the date the International Bureau receives the application.
The MPEP states: “With respect to an international design application filed indirectly through the office of a Contracting Party that is governed exclusively by the 1999 Geneva Act, the international filing date will be the date the international design application was received in the office of the Contracting Party, subject to Rule 14(2), and provided that the application is received by the International Bureau within the time period specified in Rule 13(3).“
It’s important to note that some countries, including the United States, require a security clearance before transmitting the application, which can extend the allowable time period to six months.
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