How are amendments handled in international design applications?

Amendments in international design applications are subject to specific rules and procedures. According to MPEP 2920.04(b):

“Amended reproductions that are submitted directly to the Office pursuant to 37 CFR 1.121 are not subject to review by the International Bureau and thus may be objected to under 37 CFR 1.1026 as to matters of form where appropriate.”

Key points:

• Amendments must comply with 37 CFR 1.121.
• Amended reproductions may be objected to if they fail to comply with formal requirements.
• The examiner may use form paragraphs to object to amended reproductions.
• Amendments that introduce inconsistencies among views may result in objections or rejections under 35 U.S.C. 112(a) and (b).
• Applicants should not renumber figures if designs are cancelled (e.g., due to a restriction requirement).

It’s important to ensure that any amendments maintain the clarity and consistency of the design disclosure to avoid potential objections or rejections.

To learn more:

• International Design Application
• Amendments
• USPTO
• Patent Procedure