Deferment of Publication of Industrial Designs

Leading Office

KIPO USPTO

Project Definition

This project compares the provisions and practices of the ID5 Partner Offices and the Hague System regarding specific tools and legal effects that can postpone the publication of designs and restrictions on enforcement of the rights under the unpublished condition. How the applicant decides when to publish the design varies by jurisdiction: Deferment of initiation of examination at the application stage, deferment of publication after registration, providing predictable examination period provided by the office. In this project, we take into account all the methods that can delay the aforementioned publication of industrial design applications or industrial design rights. The purpose of this catalogue is to promote users’ understanding of each jurisdiction’s design publication deferment system and use it in design management strategies.

Desired Outcome

A Catalogue of the legislations and practices of the Partners and the Hague system on specific methods to delay the publication of industrial design applications or industrial design rights