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35 U.S.C. § 389Examination of international design application

submitted 14 years ago by Pub. L. 112-211 to r/title-35-PATENTS · 162 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director must examine international design applications that name the United States. These applications generally follow the same rules as regular design patent applications under chapter 16. The Director can charge fees and may issue a patent with the same legal force as a chapter 16 patent.

(a) In General: The Director must examine an international design application that names the United States, following this title's rules. (b) Applicability of Chapter 16: Every substantive question about an international design application naming the United States is decided the same way as for applications filed under chapter 16. Procedural questions are too, unless the treaty and its Regulations require something different. (c) Fees: The Director can set fees for filing international design applications, for naming the United States, and for any other processing, service, or material related to these applications. The Director can also allow fees to be paid later, including extra charges for paying late. (d) Issuance of Patent: The Director can issue a patent based on an international design application that names the United States, following this title's rules. That patent has the same legal force and effect as a patent issued from a chapter 16 application.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The Director shall cause an examination to be made pursuant to this title of an international design application designating the United States.

(b)Applicability of Chapter 16.—

All questions of substance and, unless otherwise required by the treaty and Regulations, procedures regarding an international design application designating the United States shall be determined as in the case of applications filed under chapter 16.

(c)Fees.—

The Director may prescribe fees for filing international design applications, for designating the United States, and for any other processing, services, or materials relating to international design applications, and may provide for later payment of such fees, including surcharges for later submission of fees.

(d)Issuance of Patent.—

The Director may issue a patent based on an international design application designating the United States, in accordance with the provisions of this title. Such patent shall have the force and effect of a patent issued on an application filed under chapter 16.

Source credit: (Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1530.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-211 · 126 Stat. 1530

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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