Redline Version (2011)
35 U.S.C. 389, Examination of international design application
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35 U.S.C. 389, Examination of international design application
(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.
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.