Is a description required in a nonprovisional international design application?
Generally, a description beyond a brief reference to the drawing is not required in a nonprovisional international design application. However, certain types of descriptions are permissible and may be included.
According to MPEP 2920.04(a): “No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a rule the illustration in the drawing views is its own best description.”
Permissible descriptions may include:
- Descriptions of the figures
- Statements indicating the nature and environmental use of the claimed design
- Explanations of broken lines or coloring in the drawing
It’s important to note that the description should not include statements describing matters directed to function or unrelated to the design, nor should it suggest embodiments not illustrated in the drawing disclosure.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.04(A) - Specification,
Patent Law,
Patent Procedure