35 U.S.C. § 384 — Filing date
submitted 14 years ago by Pub. L. 112-211 to r/title-35-PATENTS · 151 words · no verdicts yet
This law sets the U.S. filing date for an international design application as its effective registration date. It also lets an applicant ask the Director to review and possibly change that date.
(a) In General. Except as changed by subsection (b), an international design application's U.S. filing date is its "effective registration date*" — the date it was registered internationally. Even though this law is in a different part of the patent code, an international design application* that names the United States* and otherwise meets the rules in chapter 16 can still be treated as a regular design application under chapter 16.
(b) Review. An applicant can ask the Director to review what the U.S. filing date should be. The Director may decide the real filing date is different from the effective registration date. The Director can set up procedures for this review, including charging an extra fee. After review, the application's U.S. filing date might end up being a different date than the effective registration date.
Subject to subsection (b), the filing date of an international design application* in the United States* shall be the effective registration date*. Notwithstanding the provisions of this part, any international design application designating the United States that otherwise meets the requirements of chapter 16 may be treated as a design application under chapter 16.
An applicant may request review by the Director of the filing date of the international design application in the United States. The Director may determine that the filing date of the international design application in the United States is a date other than the effective registration date. The Director may establish procedures, including the payment of a surcharge, to review the filing date under this section. Such review may result in a determination that the application has a filing date in the United States other than the effective registration date.
Source credit: (Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1529.)
- 2012Enacted · Pub. L. 112-211 · 126 Stat. 1529
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-211 on 2012-12-18.
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