How does restriction work in design patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Restriction in design patent applications is required when an application contains more than one patentably distinct design. The MPEP states:

“Restriction will be required under 35 U.S.C. 121 if a design patent application claims multiple designs that are patentably distinct from each other.”

Unlike utility patent applications, the issue of search burden is not considered when determining if restriction is necessary in design applications. If designs are patentably distinct, they must be separated into different applications, each with its own single claim.