35 USC § 384 - Filing date

---
identifier: "/us/usc/t35/s384"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 384 - Filing date"
title_number: 35
title_name: "PATENTS"
section_number: "384"
section_name: "Filing date"
chapter_number: 38
chapter_name: "INTERNATIONAL DESIGN APPLICATIONS"
part_number: "V"
part_name: "THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1529.)"
---


# § 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 registration date. Notwithstanding the provisions of this part, any international design application designating the United States that otherwise 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 international design application in the United States. The Director may determine that the filing date of the international design application in the United States is a date other than the effective registration date. The Director may establish procedures, including the payment of a surcharge, to review the filing date under this section. Such review may result in a determination that the application has a filing date in the United States other than the effective registration date.

---

**Source Credit**: (Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1529.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the later of the date that is 1 year after , 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 (), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see , set out as an Effective Date of 2012 Amendment note under .