35 U.S.C. 389 — Examination of international design application
Ninth Edition, Revision 01.2024
- (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.
(Added Dec. 18, 2012, Public Law 112-211, sec. 101(a) (effective May 13, 2015), 126 Stat. 1530.)
Cited by
- 1501 Statutes and Rules Applicable
- 2901 Basic Hague Agreement Principles
- 2903 Declarations under the Hague Agreement Made by the United States of America
- 2920 National Processing of International Design Applications Designating the United States
- 2920.01 Inventorship
- 2920.05 Examination
- 2920.05(c) Considerations Under 35 U.S.C. 112
- 2920.05(f) Information Disclosure Statement in an International Design Application Designating the United States
- 2950 Grant of Protection Only Upon Issuance of Patent; Term of Design Patent
- 37 CFR 1.1071 Grant of protection for an industrial design only upon issuance of a patent