When does an international design application become publicly available in the United States?

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.

An international design application designating the United States becomes publicly available after its publication under Article 10(3) of the Hague Agreement. The MPEP states:

“The U.S. application file will be made available to the public via Patent Center after publication under Article 10(3) of an international registration designating the United States.”

Prior to publication, access to the application is restricted and only provided in accordance with 37 CFR 1.14. The public can search for the U.S. application number corresponding to an international registration using Patent Center once it’s published.