How can applicants indicate matter not sought for protection in international design applications?

In international design applications, applicants can indicate matter shown in a reproduction for which protection is not sought using two methods, as per Administrative Instruction 403:

  • In the description referred to in Rule 7(5)(a)
  • By means of dotted or broken lines or coloring

The MPEP advises: “When using broken or dotted lines or coloring in a reproduction to indicate matter shown in a reproduction for which protection is not sought, applicants are encouraged to include an explanation of the purpose of the broken or dotted lines or coloring in the description.” This helps avoid uncertainty about the scope of the claimed design.

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Topics: MPEP 2900 - International Design Applications, MPEP 2920.05(C) - Considerations Under 35 U.S.C. 112, Patent Law, Patent Procedure
Tags: Broken Lines, Coloring, design protection, Dotted Lines, international design applications