How does the publication process work for international design applications?

The publication process for international design applications under the Hague Agreement involves several key aspects:

• Timing of Publication: The MPEP states, “For applications filed on or after January 1, 2022, absent a request for immediate publication or deferment, the registration will be published twelve months after the date of international registration, or as soon as possible thereafter.”
• Applicant Control: “Applicants may control the timing of publication to some extent. Specifically, the applicant may request in the official application form that publication occur immediately after international registration or that publication be deferred for up to 30 months from the filing date (or priority date, if applicable).”
• Limitations on Deferment: “Deferment of publication is not possible if a Contracting Party is designated that does not permit deferred publication.”
• Content of Publication: “The publication includes the data recorded in the International Register and the reproductions(s) of the industrial design.”

After publication, the International Bureau communicates a copy of the publication to the office of each designated Contracting Party, triggering the examination process in those jurisdictions.

To learn more:

• Hague Agreement
• International Design Application
• Publication
• WIPO
• USPTO