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…
Read MoreCan an international design application designating the United States include a request for deferment of publication?
No, an international design application designating the United States cannot include a request for deferment of publication. This is explicitly stated in the MPEP: “An international design application designating the United States may not contain a request for deferment of publication. See 37 CFR 1.1028.“ This restriction is important for applicants to note when preparing…
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