What happens if an international design application contains more than one independent and distinct design?

If an international design application contains more than one independent and distinct design, the examiner will issue a notification of refusal or other Office action requiring the applicant to elect one independent and distinct design for prosecution.

According to MPEP 2920.05(b): “If more than one independent and distinct design is claimed in the nonprovisional international design application, the examiner should in the notification of refusal or other Office action require the applicant in the reply to that action to elect one independent and distinct design for which prosecution on the merits shall be restricted.“

This requirement is typically made before any action on the merits but may be made at any time before the final action. Applicants have the right to request review of this requirement under 37 CFR 1.143 and 1.144.

To learn more:

• international design application
• restriction requirement
• patent examination
• USPTO
• design election