How are figure descriptions handled in international design applications?

Figure descriptions in international design applications are not required to be written in any particular format. However, according to MPEP 2920.04(a):

“If they do not describe the views of the drawing clearly and accurately, the examiner should object to the unclear and/or inaccurate descriptions and suggest language which provides a clear and accurate description of the views.”

Key points:

  • Descriptions should clearly indicate the type of view shown (e.g., “front view,” “perspective view,” etc.).
  • The term “reference view” should be avoided as it may cause uncertainty about the scope of the claim.
  • Inconsistencies between a reference view and other figures may result in rejections under 35 U.S.C. 112(a) and (b).
  • The examiner may use form paragraphs to object to missing or unclear figure descriptions.

It’s important to ensure that figure descriptions accurately represent the views shown to avoid any ambiguity in the scope of the claimed design.

To learn more:

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