What is the “one independent and distinct design” requirement in international design applications?
The “one independent and distinct design” requirement in international design applications refers to the rule that only one independent and distinct design may be claimed in a nonprovisional international design application. This requirement is based on U.S. law and is enforced by the USPTO.
As stated in MPEP 2920.05(b): “Only one independent and distinct design may be claimed in a nonprovisional international design application. See 37 CFR 1.1064.”
This requirement is in line with Article 13 of the Hague Agreement, which allows Contracting Parties to refuse the effects of an international registration if it does not comply with their national law regarding unity of design.
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Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.05(B) - One Independent And Distinct Design,
Patent Law,
Patent Procedure