How can I protect designs cancelled from an international design application due to a restriction requirement?

Designs cancelled from a nonprovisional international design application as a result of a restriction requirement can be protected through the filing of divisional applications. These divisional applications can be filed in two ways:

1. As a design application under 35 U.S.C. chapter 16, or
2. As an international design application designating the United States

According to MPEP 2920.05(b): “Protection of designs cancelled from a nonprovisional international design application as a result of a restriction requirement may be pursued through the filing of a divisional application(s). Such a divisional application may be filed either as a design application under 35 U.S.C. chapter 16 or as an international design application designating the United States.“

For more detailed information on divisional applications, refer to MPEP § 2920.05(e).

To learn more:

• international design application
• divisional application
• restriction requirement
• USPTO
• design protection