What is the role of the International Bureau in determining the filing date of international design applications?
The International Bureau plays a crucial role in determining the filing date of international design applications. According to MPEP 2908, the International Bureau is responsible for determining the “effective registration date,” which typically serves as the filing date in the United States.
35 U.S.C. 381(a)(4) defines the International Bureau as:
“The term ‘International Bureau’ means the international intergovernmental organization that is recognized as the coordinating body under the treaty and the Regulations.“
The International Bureau, which is part of the World Intellectual Property Organization (WIPO), determines the date of international registration under the Hague Agreement. This date becomes the “effective registration date” and, in most cases, the filing date of the international design application in the United States.
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