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2906 Filing Date Requirements [R-07.2015]

Hague Article 9

Filing Date of the International Application

  • (1) [International Application Filed Directly] Where the international application is filed directly with the International Bureau, the filing date shall, subject to paragraph (3), be the date on which the International Bureau receives the international application.
  • (2) [International Application Filed Indirectly] Where the international application is filed through the Office of the applicant's Contracting Party, the filing date shall be determined as prescribed.
  • (3) [International Application with Certain Irregularities] Where the international application has, on the date on which it is received by the International Bureau, an irregularity which is prescribed as an irregularity entailing a postponement of the filing date of the international application, the filing date shall be the date on which the correction of such irregularity is received by the International Bureau.

Hague Rule 14

Examination by the International Bureau

  • (1) [Time Limit for Correcting Irregularities] If the International Bureau finds that the international application does not, at the time of its receipt by the International Bureau, fulfill the applicable requirements, it shall invite the applicant to make the required corrections within three months from the date of the invitation sent by the International Bureau.
  • (2) [Irregularities Entailing a Postponement of the Filing Date of the International Application] Where the international application has, on the date on which it is received by the International Bureau, an irregularity which is prescribed as an irregularity entailing a postponement of the filing date of the international application, the filing date shall be the date on which the correction of such irregularity is received by the International Bureau. The irregularities which are prescribed as entailing a postponement of the filing date of the international application are the following:
    • (a) the international application is not in one of the prescribed languages;
    • (b) any of the following elements is missing from the international application:
      • (i) an express or implicit indication that international registration under the 1999 Act or the 1960 Act is sought;
      • (ii) indications allowing the identity of the applicant to be established;
      • (iii) indications sufficient to enable the applicant or its representative, if any, to be contacted;
      • (iv) a reproduction, or, in accordance with Article 5(1)(iii) of the 1999 Act, a specimen, of each industrial design that is the subject of the international application;
      • (v) the designation of at least one Contracting Party.
  • (3) [International Application Considered Abandoned; Reimbursement of Fees] Where an irregularity, other than an irregularity referred to in Article 8(2)(b) of the 1999 Act, is not remedied within the time limit referred to in paragraph (1), the international application shall be considered abandoned and the International Bureau shall refund any fees paid in respect of that application, after deduction of an amount corresponding to the basic fee.

Hague Rule 13

International Application Filed Through an Office

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  • (3) [Filing Date of International Application Filed Indirectly] Subject to Rule 14(2), the filing date of an international application filed through an Office shall be
    • (i) where the international application is governed exclusively by the 1999 Act, the date on which the international application was received by that Office, provided that it is received by the International Bureau within one month of that date;
    • (ii) in any other case, the date on which the International Bureau receives the international application.
  • (4) [Filing Date Where Applicant’s Contracting Party Requires a Security Clearance] Notwithstanding paragraph (3), a Contracting Party whose law, at the time that it becomes party to the 1999 Act, requires security clearance may, in a declaration, notify the Director General that the period of one month referred to in that paragraph shall be replaced by a period of six months.

Hague Rule 6

Languages

  • (1) [International Application] The international application shall be in English, French or Spanish.

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The filing date of an international design application is accorded by the International Bureau pursuant to Article 9 and Rules 14(2) and 13(3) of the Hague Agreement. The filing date of an international design application in the United States is not necessarily the same date as the filing date accorded by the International Bureau. See MPEP § 2908. The filing date accorded by the International Bureau is referred to as the international filing date.

Pursuant to Rule 14(2), the International Bureau will accord the international design application a filing date only if the application is in one of the prescribed languages. The prescribed languages, set forth in Hague Agreement Rule 6, are English, French, and Spanish. In addition, the international design application must include:

  • (1) an indication that international registration under the Hague Agreement is requested;
  • (2) a sufficient indication of the applicant’s identity;
  • (3) a sufficient indication to allow the applicant or its representative to be contacted;
  • (4) a reproduction or specimen of each industrial design that is the subject of the application; and
  • (5) the designation of at least one Contracting Party.

If the international design application does not fulfill the applicable requirements, the International Bureau will invite the applicant to make the required corrections within a prescribed time limit. See Rule 14(1). If the defect concerns a missing element required under Rule 14(2) and the applicant timely provides the missing element required under Rule 14(2), the date on which the missing element is received by the International Bureau will be the filing date accorded by the International Bureau. Where the defect, other than a defect referred to in Article 8(2)(b), is not timely remedied, the international design application shall be considered abandoned. Failure to timely remedy a defect referred to in Article 8(2)(b) will result in the international design application being deemed not to contain the designation of the Contracting Party concerned. See MPEP § 2907.

With respect to an international design application filed indirectly through the office of a Contracting Party that is governed exclusively by the 1999 Geneva Act, the international filing date will be the date the international design application was received in the office of the Contracting Party, subject to Rule 14(2), and provided that the application is received by the International Bureau within the time period specified in Rule 13(3). The time period specified in Rule 13(3) is one month from the date of receipt of the application by the Contracting Party or six months from the date of receipt where the Contracting Party has notified the International Bureau that it requires security clearance before communicating the application. The United States has notified the International Bureau that it requires a security clearance. See MPEP § 2903.

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Last Modified: 01/24/2018 17:19:02