What is the proper format for a claim in a nonprovisional international design application?

The claim in a nonprovisional international design application must follow a specific format as outlined in MPEP 2920.04(a) and 37 CFR 1.1025. The key requirements are:

  • Only one claim is permitted
  • The claim must be in formal terms to the ornamental design for the article
  • The article must be specified by name
  • The claim should use the phrase “as shown” or “as shown and described”

The proper format is: “The ornamental design for [article name] as shown” or “The ornamental design for [article name] as shown and described.”

If the specification includes a proper descriptive statement or other descriptive matter, the words “and described” must be added to the claim following “as shown.”

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Topics: MPEP 2900 - International Design Applications, MPEP 2920.04(A) - Specification, Patent Law, Patent Procedure
Tags: Design Application Claim, International Design Application, MPEP 2920.04(A)