What is the United States’ policy on deferment of publication for international design applications?

The United States does not allow deferment of publication for international design applications designating the U.S. This policy is based on a specific declaration made under the Hague Agreement.

As stated in the MPEP, “Pursuant to Article 11(1)(b), the United States declared that where the United States is designated in an international design application, it is not possible for an applicant to request the deferment of publication of the ensuing international registration.“

This means that applicants cannot delay the publication of their international design registration when it includes a U.S. designation, ensuring timely disclosure of the design to the public.

To learn more:

• International Design Applications
• Publication Deferment
• USPTO
• Hague Agreement