(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.
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Terms Used In 35 USC 382
International Bureau: means the international intergovernmental organization that is recognized as the coordinating body under the treaty and the Regulations. See 35 USC 381
international design application: means an application for international registration. See 35 USC 381
treaty: means the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on July 2, 1999. See 35 USC 381
(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—
