What happens if multiple designs are shown in an international design application?

According to MPEP 2920.05(b), if multiple designs are shown in an international design application designating the United States:

  • The applicant will be required to limit the application to a single independent and distinct design.
  • This requirement may be made by the USPTO as an Office action.
  • Alternatively, it may be made by WIPO at the USPTO’s behest.

The MPEP states: “Only one independent and distinct design may be claimed in a nonprovisional international design application. See 35 U.S.C. 171 and 37 CFR 1.1064. Form paragraphs 15.27.02, 15.27.03, 15.27.04, 15.27.05, and 15.27.06 or 15.27.07, as appropriate, may be used in an Office action to require restriction to one independent and distinct design.”

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Topics: MPEP 2900 - International Design Applications, MPEP 2920.05(B) - One Independent And Distinct Design, Patent Law, Patent Procedure
Tags: International Design Application, multiple designs, Restriction Requirement, USPTO