37 CFR § 1.1028 — Deferment of publication. (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.1028 Deferment of publication.

Source: Patent Rule (37 CFR)BlueIron Update:

This page consolidates MPEP guidance interpreting 37 CFR § 1.1028, including 2 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section specifies that international design applications designating the United States cannot include a request for deferment of publication, and failure to comply may result in the application not being published as intended.

What this section covers

  • This section addresses the requirement regarding deferment of publication in international design applications designating the United States.

Key obligations

  • Practitioners must ensure their international design applications designating the United States do not include a request for deferment of publication.
  • Failure to comply with this requirement may result in the application not being published as intended.

Practice notes

  • Practitioners should carefully review the application before filing to ensure it does not contain a deferment request.
  • Any deferment requests must be addressed in the appropriate section of the application if filing for other designating countries.

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22