How does the USPTO enforce the ‘one independent and distinct design’ rule in international applications?

The USPTO enforces the ‘one independent and distinct design’ rule in international design applications through specific procedures outlined in MPEP 2920.05(b):

1. The examiner may issue an Office action requiring restriction to a single design.
2. The USPTO may request that WIPO invite the applicant to limit the application to a single design.

The MPEP provides specific form paragraphs for examiners to use in these situations: “Form paragraphs 15.27.02, 15.27.03, 15.27.04, 15.27.05, and 15.27.06 or 15.27.07, as appropriate, may be used in an Office action to require restriction to one independent and distinct design.“

These form paragraphs guide the examiner in communicating the requirement and explaining the applicant’s options for response.

To learn more:

• USPTO enforcement
• one independent design rule
• international applications
• restriction requirement