37 CFR § 1.1064 — One independent and distinct (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.1064 One independent and distinct
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.1064, including 12 rules 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.
Summary
This section requires that only one independent and distinct design may be claimed in a nonprovisional international design application, ensuring each claim is unique and avoiding rejection or claims being denied.
What this section covers
- Defines the requirement of claiming only one independent and distinct design in a nonprovisional international design application.
- Ensures each claim in the application is for a single, unique design.
Key obligations
- Ensure each claim in the application is for a single, independent and distinct design.
- Failure to comply may result in rejection of the application or claims.
- This requirement is based on 37 CFR 1.1064.
Practice notes
- Carefully review each design claim for distinctiveness and independence before filing.
- Avoid combining multiple designs into a single claim to avoid rejection.
Official MPEP § 1.1064 — One independent and distinct
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.1064 One independent and distinct design.
- (a) Only one independent and distinct design may be claimed in a nonprovisional international design application.
- (b) If the requirements under paragraph (a) of this section are not satisfied, the examiner shall in the notification of refusal or other Office action require the applicant in the reply to that action to elect one independent and distinct design for which prosecution on the merits shall be restricted. Such requirement will normally be made before any action on the merits but may be made at any time before the final action. Review of any such requirement is provided under §§ 1.143 and 1.144.
[Added, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
- Design Patents
- Examination Procedure
- Examiner Action
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- International Design
- Hague Principles
- Ida Filing
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| MPEP Section | Rules |
|---|---|
| MPEP § 2920.05(b) |