Can an international design application designating the United States include a request for deferment of publication?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance 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.

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 their international design applications that include the United States as a designated country.

Topics: MPEP 2900 - International Design Applications MPEP 2909 - Contents Of The International Design Application Patent Law Patent Procedure
Tags: Hague Overview