What are the requirements for petitioning for a different filing date for an international design application?
Applicants can petition for a different filing date for an international design application in the United States under certain circumstances. MPEP 2908 outlines the requirements for such a petition, which are based on 37 CFR 1.1023(b):
“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 this paragraph to accord the international design application a filing date in the United States other than the date of international registration.“
The requirements for this petition include:
- The petition must be accompanied by the fee set forth in 37 CFR 1.17(f).
- The petition must include a showing to the satisfaction of the Director that the international design application is entitled to such filing date.
It’s important to note that the burden is on the applicant to demonstrate why they are entitled to a different filing date under the Hague Agreement.
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