Redline Version (2011)
35 U.S.C. 382, Filing international design applications

Current Pre-AIA After AIA Redline

Previous Section (§381) | Next Section (§383)

35 U.S.C. 382, Filing international design applications

(a) In General.--Any person who is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, may file an international design application by submitting to the Patent and Trademark Office an application in such form, together with such fees, as may be prescribed by the Director.

(b) Required Action.--The Patent and Trademark 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 Bureau. Subject to chapter 17, international design applications shall be forwarded by the Patent and Trademark Office to the International Bureau, upon payment of a transmittal fee.

(c) Applicability of Chapter 16.--Except as otherwise provided in this chapter, the provisions of chapter 16 shall apply.

(d) Application Filed in Another Country.--An international design application on an industrial design made in this country shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 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.

Effective Dates for Changes Made to this Section

SECTION ADDED in Section 101 of the Patent Law Treaties Implementation Act of 2012
Section 103 of the Patent Law Treaties Implementation Act of 2012 provides:

(a) In General.--The amendments made by this title shall take effect on the later of--

(1) the date that is 1 year after the date of the enactment of this Act; or

(2) the date of entry into force of the treaty with respect to the United States.

The effective date is December 18, 2013.