What is the difference between the filing date in the United States and the international filing date?

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.

The filing date of an international design application in the United States is not necessarily the same as the international filing date accorded by the International Bureau. As stated in MPEP 2906:

“The filing date of an international design application in the United States is not necessarily the same date as the filing date accorded by the International Bureau. See MPEP § 2908. The filing date accorded by the International Bureau is referred to as the international filing date.“

This distinction is important because:

• The international filing date is determined by the International Bureau according to the Hague Agreement rules.
• The U.S. filing date may be different due to specific national requirements or procedures.
• These different dates can have implications for priority claims, prior art considerations, and other legal matters.