How can applicants indicate matter not forming part of the design in international design applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

In international design applications, applicants have multiple options to indicate matter that is shown in a reproduction but for which protection is not sought. According to MPEP 2920.04(b):

“In addition to the use of broken or dotted lines to indicate matter shown in a reproduction for which protection is not sought, Administrative Instruction 403 permits such matter to be indicated in the description and/or by coloring.”

This means that applicants can use:

• Broken or dotted lines
• Description in the application
• Coloring

to indicate matter that is not part of the claimed design. Examiners may use Form Paragraph 29.20 to address this in international design applications.