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

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.

To learn more:

Topics: MPEP 2900 - International Design Applications, MPEP 2920.04(B) - Reproductions (Drawing Figures), Patent Law, Patent Procedure
Tags: international design applications, patent examination, Reproductions, unclaimed subject matter