Note 19: In a notice, the Agency was asked to amend the proposed Rule 1.1027 by moving the second sentence on the ban on adjourning publication to a new rule in order to put the ban forward. The notice also called on the Agency to immediately inform applicants of inadmissible requests for deferral of publication. Answer: This final rule revises the proposed version of 1.1027 and adds a new rule No. 1.1028 (“deferral of publication”) to clarify that a request to adjourn the publication in an international application for designs that the United States or any other country that does not allow postponing publication is not admissible. With regard to the review of deferral applications and notification to applicants of applications inadmissible under the Hague Convention, the International Office performs this function. See Article 11, paragraph 3, Patentlaw Treaty Implementation Act 2012 (“PLTIA”) amends U.S. patent law to implement the provisions of the Geneva Act of the Hague Convention on international registration of industrial designs of 2 July 1999 (hereafter the Hague Convention) and is to take effect when the Hague Agreement with regard to the United States enters into force. Under the Hague agreement, qualified applicants can apply for design protection in the contracting parties to the Hague Convention by filing a single standardized international declaration of designs in a single language. The U.S. Patent and Trademark Office reviews the practical rules for implementing Title I of the PLTIA. No. 1.183 – Suspension of regulation in a patent application. Finally, it should be noted that the Agency has issued a certification under the Regulatory Flexibility Act in the notice on the proposed regime.

See 78 FR 71870, 71888-89 (November 29, 2013). The Agency has not received any public opinion on certification under the Regulatory Flexibility Act. For the reasons outlined above, the Assistant General Counsel of the U.S. Patent and Trademark Office certified that the changes to this final rule would not have a significant economic impact on a significant number of small businesses. See 5 U.S.C 605 (b). C. Executive Order 12866 (Regulatory Planning and Review): This final rule was defined as non-significant for the purposes of Executive Order 12866 (September 30, 1993). A. Administrative Procedures Act: this provision implements Title I of the PLTIA and the Hague Convention.

The amendments to this rule (with the exception of certain taxes) establish procedures for filing, processing and reviewing international design applications and reverence existing rules of conduct to accommodate international applications for VPTF-I designs and to ensure that the rules of conduct are consistent with the Hague Convention. With regard to the dates of applicability of certain provisions in the existing provisions, this final regulation makes this applicability data more accessible by a direct indication in the text of these provisions.

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