37 CFR § 1.153 — Title, description and claim, oath or (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.153, including 52 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 covers the requirements and procedures for handling allowable divisional design reissue applications, including the necessity of submitting a petition under specific procedures.

What this section covers

Defines the requirements and procedures for handling allowable divisional design reissue applications.

Key obligations

Practitioners must require the submission of a petition in allowable divisional design reissue applications.
The petition must be submitted under specific procedures outlined in this section.

Practice notes

Ensure all elements of the petition are correctly completed as per the specific procedures outlined in this section.
Avoid missing any required elements or conditions that could lead to rejection of the petition.

Design Claims Not Subject to Utility RequirementsMPEP 1503.01
Fees for Design Reissue Applications RequiredMPEP 1457
Search and Examination Fees Required for Design Reissue ApplicationsMPEP 1457Required
Claim Limitation for Design Reissue ApplicationsMPEP 1457Permitted
Divisional Design Reissue Application Must Petition for Waiver of 1.153MPEP 1457Required
Design Title Must Designate Particular ArticleMPEP 1503.01Required
Design Title Must Only Reference DrawingMPEP 1503.01Required
Claim Must Describe Ornamental Design For Article ShownMPEP 1503.01Required
Single Claim Required for Design PatentMPEP 1503.01Required
Oath or Declaration Requirement for InventorsMPEP 1503.01Required
Design Title Must Designate ArticleMPEP 1503.01Required
No Description Required for DesignMPEP 1503.01Required
Claim Must Describe Ornamental DesignMPEP 1503.01Required
Single Claim Requirement for Design ApplicationMPEP 1503.01Required
Oath or Declaration Requirement for ApplicantMPEP 1503.01Required
Title Must Match Article Named in ClaimMPEP 1503.01Required
Title and Claim Must CorrespondMPEP 1503.01Recommended
Form and Content of Design Claims Set by CFR 1.153MPEP 1503.01
Claim Must Describe Ornamental Design As ShownMPEP 1503.01Required
Single Claim Requirement for Ornamental DesignMPEP 1503.01Required
Claim Must Include Description When Properly Described in SpecificationMPEP 1503.01Required
Title and Claim Must Adequately Designate Computer Display ScreenMPEP 1504.01(a)
Claim Must Support DesignMPEP 1504.01(a)
Claim Must Describe Non-Computer Icon DesignMPEP 1504.01(a)
Claim Must Be Supported by Original DisclosureMPEP 1504.01(a)Recommended
Claim Must Designate Particular Article of ManufactureMPEP 1504.01(a)Recommended
Drawing Must Depict Article of ManufactureMPEP 1504.01(a)Recommended
Claim Must Designate Specific Article for Mobile Device ScreenMPEP 1504.01(a)Recommended
Claim Must Designate Specific Article of ManufactureMPEP 1504.01(a)
Claim Must Designate Particular Article of ManufactureMPEP 1504.01(a)Recommended
Design Must Clearly Designate Article of ManufactureMPEP 1504.01(a)
Claim Must Designate Article of ManufactureMPEP 1504.01(a)Recommended
Drawings Required for Design ApplicationsMPEP 601.01(f)Required
Drawings Requirement for Design Applications Filed Before September 16, 2012MPEP 601.01(f)Required
Petition for Missing DrawingsMPEP 601.01(f)Permitted
Claim Must Describe Ornamental Design ShownMPEP 601.01(f)Required
Drawings Required for Design Application FilingMPEP 601.01(f)

Search and Examination Fees Required for Design Reissue ApplicationsMPEP 1457Required
Divisional Design Reissue Application Must Petition for Waiver of 1.153MPEP 1457Required
Design Title Must Designate Particular ArticleMPEP 1503.01Required
Design Title Must Only Reference DrawingMPEP 1503.01Required
Claim Must Describe Ornamental Design For Article ShownMPEP 1503.01Required
Single Claim Required for Design PatentMPEP 1503.01Required
Oath or Declaration Requirement for InventorsMPEP 1503.01Required
Design Title Must Designate ArticleMPEP 1503.01Required
No Description Required for DesignMPEP 1503.01Required
Claim Must Describe Ornamental DesignMPEP 1503.01Required
Single Claim Requirement for Design ApplicationMPEP 1503.01Required
Oath or Declaration Requirement for ApplicantMPEP 1503.01Required
Title Must Match Article Named in ClaimMPEP 1503.01Required
Claim Must Describe Ornamental Design As ShownMPEP 1503.01Required
Single Claim Requirement for Ornamental DesignMPEP 1503.01Required
Claim Must Include Description When Properly Described in SpecificationMPEP 1503.01Required
Drawings Required for Design ApplicationsMPEP 601.01(f)Required
Drawings Requirement for Design Applications Filed Before September 16, 2012MPEP 601.01(f)Required
Claim Must Describe Ornamental Design ShownMPEP 601.01(f)Required

Title Requirement for International Design Applications Designating USMPEP 1503.01
Requirement for Title in International Design Application Designating USMPEP 1503.01
Design Patent Application Must Contain Only One ClaimMPEP 1503.01Permitted
Claim Must Describe Ornamental DesignMPEP 1503.01Recommended
Description of Article Must Match Title TerminologyMPEP 1503.01Recommended
Full Lines Show Claimed DesignMPEP 1503.01
Broken Lines Must Not Identify Unimportant Design PortionsMPEP 1503.01
Broken Lines for Design ElementsMPEP 1503.01
Claimed Design Must Use Full Lines OnlyMPEP 1503.01Permitted
Design Claim Must Include All PartsMPEP 1503.01
All Design Portions Are MaterialMPEP 1503.01
Claim Form for International Design ApplicationMPEP 1503.01
Single Claim Per Design ApplicationMPEP 1504.05Permitted
Multiple Embodiments Per Claim Allowed With Single Inventive ConceptMPEP 1504.05Permitted
Restriction Required for Multiple Distinct DesignsMPEP 1504.05Prohibited

MPEP Section	Rules
MPEP § 1457	Fees for Design Reissue Applications RequiredMPEP 1457 Search and Examination Fees Required for Design Reissue ApplicationsMPEP 1457Required Claim Limitation for Design Reissue ApplicationsMPEP 1457Permitted Divisional Design Reissue Application Must Petition for Waiver of 1.153MPEP 1457Required
MPEP § 1503.01	Title Requirement for International Design Applications Designating USMPEP 1503.01 Design Claims Not Subject to Utility RequirementsMPEP 1503.01 Design Title Must Designate Particular ArticleMPEP 1503.01Required Design Title Must Only Reference DrawingMPEP 1503.01Required Claim Must Describe Ornamental Design For Article ShownMPEP 1503.01Required Single Claim Required for Design PatentMPEP 1503.01Required Oath or Declaration Requirement for InventorsMPEP 1503.01Required Design Title Must Designate ArticleMPEP 1503.01Required No Description Required for DesignMPEP 1503.01Required Claim Must Describe Ornamental DesignMPEP 1503.01Required Single Claim Requirement for Design ApplicationMPEP 1503.01Required Oath or Declaration Requirement for ApplicantMPEP 1503.01Required Title Must Match Article Named in ClaimMPEP 1503.01Required Title and Claim Must CorrespondMPEP 1503.01Recommended Requirement for Title in International Design Application Designating USMPEP 1503.01 Form and Content of Design Claims Set by CFR 1.153MPEP 1503.01 Claim Must Describe Ornamental Design As ShownMPEP 1503.01Required Single Claim Requirement for Ornamental DesignMPEP 1503.01Required Design Patent Application Must Contain Only One ClaimMPEP 1503.01Permitted Claim Must Describe Ornamental DesignMPEP 1503.01Recommended Description of Article Must Match Title TerminologyMPEP 1503.01Recommended Claim Must Include Description When Properly Described in SpecificationMPEP 1503.01Required Full Lines Show Claimed DesignMPEP 1503.01 Broken Lines Must Not Identify Unimportant Design PortionsMPEP 1503.01 Broken Lines for Design ElementsMPEP 1503.01 Claimed Design Must Use Full Lines OnlyMPEP 1503.01Permitted Design Claim Must Include All PartsMPEP 1503.01 All Design Portions Are MaterialMPEP 1503.01 Claim Form for International Design ApplicationMPEP 1503.01
MPEP § 1504.01(a)	Title and Claim Must Adequately Designate Computer Display ScreenMPEP 1504.01(a) Claim Must Support DesignMPEP 1504.01(a) Claim Must Describe Non-Computer Icon DesignMPEP 1504.01(a) Claim Must Be Supported by Original DisclosureMPEP 1504.01(a)Recommended Claim Must Designate Particular Article of ManufactureMPEP 1504.01(a)Recommended Drawing Must Depict Article of ManufactureMPEP 1504.01(a)Recommended Claim Must Designate Specific Article for Mobile Device ScreenMPEP 1504.01(a)Recommended Claim Must Designate Specific Article of ManufactureMPEP 1504.01(a) Claim Must Designate Particular Article of ManufactureMPEP 1504.01(a)Recommended Design Must Clearly Designate Article of ManufactureMPEP 1504.01(a) Claim Must Designate Article of ManufactureMPEP 1504.01(a)Recommended
MPEP § 1504.05	Single Claim Per Design ApplicationMPEP 1504.05Permitted Multiple Embodiments Per Claim Allowed With Single Inventive ConceptMPEP 1504.05Permitted Restriction Required for Multiple Distinct DesignsMPEP 1504.05Prohibited
MPEP § 601.01(f)	Drawings Required for Design ApplicationsMPEP 601.01(f)Required Drawings Requirement for Design Applications Filed Before September 16, 2012MPEP 601.01(f)Required Petition for Missing DrawingsMPEP 601.01(f)Permitted Claim Must Describe Ornamental Design ShownMPEP 601.01(f)Required Drawings Required for Design Application FilingMPEP 601.01(f)

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.153 — Title, description and claim, oath or (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.153 Title, description and claim, oath or

Summary

Official MPEP § 1.153 — Title, description and claim, oath or

1.153 Title, description and claim, oath or declaration.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions