What happens if there are errors in the international design application when it enters national processing?
When an international design application enters national processing in the United States, the USPTO will review the application for compliance with U.S. laws and regulations. If errors are found, the USPTO may issue an Office action to address these issues.
According to MPEP 2920:
“Where the international design application fails to comply with the requirements for a design application under U.S. law, the examiner may issue an Office action rejecting the claim(s) under 35 U.S.C. 171 as not being in compliance with the requirements of the law and setting forth the reasons why protection is refused.”
Applicants will have an opportunity to respond to these Office actions and correct any deficiencies to bring the application into compliance with U.S. requirements.
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