Page:United States Statutes at Large Volume 112 Part 5.djvu/153

 PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2911 was first filed in such foreign country, if the appHcation in the United States is filed within 6 months after the earliest date on which any such foreign application was filed. ' *§ 1312. Oaths and acknowledgments "(a) IN GENERAL. —Oaths and acknowledgments required by this chapter— "(1) may be made— "(A) before any person in the United States authorized by law to administer oaths; or "(B) when made in a foreign country, before any diplomatic or consular officer of the United States authorized to administer oaths, or before any official authorized to administer oaths in the foreign country concerned, whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States; and "(2) shall be valid if they comply with the laws of the State or country where made. "(b) WRITTEN DECLARATION IN LIEU OF OATH.— (1) The Administrator may by rule prescribe that any document which is to be filed under this chapter in the Office of the Administrator and which is required by any law, rule, or other regulation to be under oath, may be subscribed to by a written declaration in such form as the Administrator may prescribe, and such declaration shall be in lieu of the oath otherwise required. "(2) Whenever a written declaration under paragraph (1) is used, the document containing the declaration shall state that willful false statements are punishable by fine or imprisonment, or both, pursuant to section 1001 of title 18, and may jeopardize the validity of the application or document or a registration resulting therefrom. '*§ 1313. Examination of application and issue or refusal of registration " (a) DETERMINATION OF REGISTRABILITY OF DESIGN; REGISTRA- TION.— Upon the filing of an application for registration in proper form under section 1310, and upon payment of the fee prescribed under section 1316, the Administrator shall determine whether or not the application relates to a design which on its face appears to be subject to protection under this chapter, and, if so, the Register shall register the design. Registration under this subsection shall Publication, be announced by publication. The date of registration shall be the date of publication. "(b) REFUSAL TO REGISTER; RECONSIDERATION. —I f, in the judgment of the Administrator, the application for registration relates to a design which on its face is not subject to protection under this chapter, the Administrator shall send to the applicant a notice of refusal to register and the grounds for the refusal. Within 3 months after the date on which the notice of refusal is sent, the applicant may, by written request, seek reconsideration of the application. After consideration of such a request, the Administrator shall either register the design or send to the applicant a notice of final refusal to register. "(c) APPLICATION TO CANCEL REGISTRATION.— Any person who believes he or she is or will be damaged by a registration under this chapter may, upon payment of the prescribed fee, apply to the Administrator at any time to cancel the registration on the

�