What is the role of a specification in international design 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.

The specification in international design applications plays a crucial role in describing the design and providing necessary information. According to MPEP 2920.05(d):

“The examiner should determine whether the specification complies with the relevant requirements. Deficiencies in the specification may be addressed in an Office action.”

Key points about the specification include:

• It must include a description of the reproduction(s) of the design.
• The specification should comply with the requirements set forth in 37 CFR 1.153 and MPEP 1503.01.
• Examiners review the specification during both formalities review and substantive examination.
• If deficiencies are found, the examiner may issue an Office action requiring correction.

A well-prepared specification helps ensure a smooth examination process and provides clear protection for the design.