35 U.S.C. § 382 — Filing international design applications

(a) In General. A U.S. national, or anyone whose home, regular residence, or real business is in the United States^*, may file an international design application^*. They do this by submitting an application to the Patent and Trademark Office, in the form and with the fees the Director requires.

(b) Required Action. The Patent and Trademark Office must handle all its duties under the treaty^*, including collecting international fees and sending them to the International Bureau^*. Subject to chapter 17, the Office must forward international design applications to the International Bureau once the applicant pays a transmittal fee.

(c) Applicability of Chapter 16. Unless this chapter says otherwise, the rules in chapter 16 also apply here.

(d) Application Filed in Another Country. If an international design application covers an industrial design made in the United States, it counts as filing an application in a foreign country, under chapter 17, if it's filed (1) in a country other than the United States, (2) directly with the International Bureau, or (3) with an intergovernmental organization.