35 U.S.C. § 381 — Definitions

Page 145 TITLE 35—PATENTS § 381 (b) The amounts of fees specified in subsection (a) of this section, except the international fee and the handling fee, shall be prescribed by the Director. He may refund any sum paid by mis- take or in excess of the fees so specified, or if re- quired under the treaty and the Regulations. The Director may also refund any part of the search fee, the national fee, the preliminary ex- amination fee, and any additional fees, where he determines such refund to be warranted. (Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 690; amended Pub. L. 98–622, title IV, §§ 402(g), 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 8, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 102–204, § 5(g)(1), Dec. 10, 1991, 105 Stat. 1640; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(a)(21), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905, 1906.) Editorial Notes AMENDMENTS 2002—Subsec. (a)(1) to (3). Pub. L. 107–273, § 13206(a)(21), substituted period for semicolon at end. Subsecs. (a)(5), (b). Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Subsecs. (a)(5), (b). Pub. L. 106–113, as amended by Pub. L. 107–273, § 13206(b)(1)(B), substituted ‘‘Direc- tor’’ for ‘‘Commissioner’’ wherever appearing. 1991—Subsec. (a). Pub. L. 102–204, § 5(g)(1)(A), in intro- ductory provisions inserted ‘‘shall charge a national fee as provided in section 41(a), and’’ after ‘‘Office’’, redes- ignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4), which read as follows: ‘‘A national fee (see section 371(c));’’. Subsec. (b). Pub. L. 102–204, § 5(g)(1)(B), substituted ‘‘the national fee, the preliminary examination fee,’’ for ‘‘the preliminary examination fee’’. 1986—Subsec. (a). Pub. L. 99–616, § 8(a), in introductory provisions, inserted ‘‘and the handling fee’’ and sub- stituted ‘‘amounts are’’ for ‘‘amount is’’, added par. (5), and redesignated former par. (5) as (6). Subsec. (b). Pub. L. 99–616, § 8(b), inserted ‘‘and the handling fee’’ and ‘‘the preliminary examination fee and any additional fees,’’. 1984—Subsec. (a). Pub. L. 98–622, § 403(a), substituted ‘‘Patent and Trademark Office’’ for ‘‘Patent Office’’ in provision preceding par. (1). Subsec. (a)(5), (6). Pub. L. 98–622, § 402(g), redesignated par. (6) as (5). Former par. (5), which read ‘‘A special fee (to be paid when required; see section 372(c))’’, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 402(g) of Pub. L. 98–622 effec- tive six months after Nov. 8, 1984, see section 406(b) of Pub. L. 98–622, set out as a note under section 3 of this title. Amendment by section 403(a) of Pub. L. 98–622 effec- tive Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title. EFFECTIVE DATE Section effective Jan. 24, 1978, and applicable to international and national applications filed, on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title. PART V—THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS Chap. Sec. 38. International Design Applications 381 CHAPTER 38—INTERNATIONAL DESIGN APPLICATIONS Sec. 381. Definitions. 382. Filing international design applications. 383. International design application. 384. Filing date. 385. Effect of international design application. 386. Right of priority. 387. Relief from prescribed time limits. 388. Withdrawn or abandoned international design application. 389. Examination of international design applica- tion. 390. Publication of international design applica- tion. Editorial Notes PRIOR PROVISIONS A prior chapter 38, as added by Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3018, was originally editorially in- serted after chapter 17 of this title because the probable intent of Congress was to designate the chapter as ‘‘18’’, in view of the numerical designation of the sections contained in the chapter as sections 200 to 211 and in view of the subject matter of the chapter in relation to the subject matter of Part II of this title. Pub. L. 97–256, title I, § 101(5), Sept. 8, 1982, 96 Stat. 816, redesig- nated chapter 38 as chapter 18 and transferred chapter 18, as so redesignated, from the end of this part to the end of Part II. See 1982 Amendment note set out under the analysis of chapter 18 (§ 200 et seq.) of this title. § 381. Definitions (a) IN GENERAL.—When used in this part, un- less the context otherwise indicates— (1) the term ‘‘treaty’’ means the Geneva Act of the Hague Agreement Concerning the Inter- national Registration of Industrial Designs adopted at Geneva on July 2, 1999; (2) the term ‘‘regulations’’— (A) when capitalized, means the Common Regulations under the treaty; and (B) when not capitalized, means the regu- lations established by the Director under this title; (3) the terms ‘‘designation’’, ‘‘designating’’, and ‘‘designate’’ refer to a request that an international registration have effect in a Contracting Party to the treaty; (4) the term ‘‘International Bureau’’ means the international intergovernmental organiza- tion that is recognized as the coordinating body under the treaty and the Regulations; Page 146 TITLE 35—PATENTS § 382 (5) the term ‘‘effective registration date’’ means the date of international registration determined by the International Bureau under the treaty; (6) the term ‘‘international design applica- tion’’ means an application for international registration; and (7) the term ‘‘international registration’’ means the international registration of an in- dustrial design filed under the treaty. (b) RULE OF CONSTRUCTION.—Terms and expres- sions not defined in this part are to be taken in the sense indicated by the treaty and the Regu- lations. (Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1527.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and ap- plicable only to certain applications filed on and after that effective date and patents issuing thereon, see sec- tion 103 of Pub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title. § 382. Filing international design applications (a) IN GENERAL.—Any person who is a national of the United States, or has a domicile, a habit- ual residence, or a real and effective industrial or commercial establishment in the United States, may file an international design applica- tion by submitting to the Patent and Trade- mark Office an application in such form, to- gether with such fees, as may be prescribed by the Director. (b) REQUIRED ACTION.—The Patent and Trade- mark Office shall perform all acts connected with the discharge of its duties under the treaty, including the collection of international fees and transmittal thereof to the International Bu- reau. Subject to chapter 17, international design applications shall be forwarded by the Patent and Trademark Office to the International Bu- reau, upon payment of a transmittal fee. (c) APPLICABILITY OF CHAPTER 16.—Except as otherwise provided in this chapter, the provi- sions of chapter 16 shall apply. (d) APPLICATION FILED IN ANOTHER COUNTRY.— An international design application on an indus- trial design made in this country shall be con- sidered to constitute the filing of an application in a foreign country within the meaning of chap- ter 17 if the international design application is filed— (1) in a country other than the United States; (2) at the International Bureau; or (3) with an intergovernmental organization. (Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1528.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and ap- plicable only to certain applications filed on and after that effective date and patents issuing thereon, see sec- tion 103 of Pub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title. § 383. International design application In addition to any requirements pursuant to chapter 16, the international design application shall contain— (1) a request for international registration under the treaty; (2) an indication of the designated Con- tracting Parties; (3) data concerning the applicant as pre- scribed in the treaty and the Regulations; (4) copies of a reproduction or, at the choice of the applicant, of several different reproduc- tions of the industrial design that is the sub- ject of the international design application, presented in the number and manner pre- scribed in the treaty and the Regulations; (5) an indication of the product or products that constitute the industrial design or in re- lation to which the industrial design is to be used, as prescribed in the treaty and the Regu- lations; (6) the fees prescribed in the treaty and the Regulations; and (7) any other particulars prescribed in the Regulations. (Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1528.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and ap- plicable only to certain applications filed on and after that effective date and patents issuing thereon, see sec- tion 103 of Pub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title. § 384. Filing date (a) IN GENERAL.—Subject to subsection (b), the filing date of an international design application in the United States shall be the effective reg- istration date. Notwithstanding the provisions of this part, any international design applica- tion designating the United States that other- wise meets the requirements of chapter 16 may be treated as a design application under chapter 16. (b) REVIEW.—An applicant may request review by the Director of the filing date of the inter- national design application in the United States. The Director may determine that the fil- ing date of the international design application in the United States is a date other than the ef- fective registration date. The Director may es- tablish procedures, including the payment of a surcharge, to review the filing date under this section. Such review may result in a determina- tion that the application has a filing date in the United States other than the effective registra- tion date.