Is a description required in an international design application?

According to MPEP 2920.04(a), a description is not ordinarily required in an international design application beyond a brief description of the drawing. As stated in the MPEP:

“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.”

However, while not required, a description is not prohibited and may be incorporated into the specification. Descriptions of figures should be clear and accurate. Certain statements are permissible in the specification, such as:

  • Indicating the nature and environmental use of the claimed design
  • Explaining the purpose of broken lines in the drawing
  • Indicating portions for which protection is not sought

It’s important to note that the specification should not include statements describing matters that are directed to function or are unrelated to the design.

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Topics: MPEP 2900 - International Design Applications, MPEP 2920.04 - Elements Of A Nonprovisional International Design Application, Patent Law, Patent Procedure
Tags: design description, International Design Application, patent procedure, USPTO