How many independent and distinct designs can be claimed in a single international design application designating the United States?
The United States allows only one independent and distinct design to be claimed in a single international design application. This limitation is based on a specific declaration made under the Hague Agreement.
As stated in the MPEP, “Pursuant to Article 13(1), the United States declared that only one independent and distinct design may be claimed in a single application.“
This requirement is consistent with U.S. design patent practice and is further explained in MPEP § 2920.05(b) and MPEP § 1504.05. Applicants should be aware of this limitation when preparing international design applications that include a U.S. designation.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2903 - Declarations Under The Hague Agreement Made By The United States Of America,
Patent Law,
Patent Procedure