Can an international design application include multiple embodiments?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Generally, an international design application designating the United States should not include multiple embodiments of the claimed design. According to MPEP 2920.04(a):

“The specification may not include statements that describe or suggest other embodiments of the claimed design which are not illustrated in the drawing disclosure, except one that is a mirror image of that shown or has a shape and appearance that would be evident from the one shown.”

This means:

  • Only the illustrated embodiment(s) should be claimed
  • Mirror images of the shown design may be described
  • Embodiments with shapes and appearances evident from the shown design may be described

However, statements describing additional embodiments may be included in the original application to provide antecedent basis for future amendments. It’s important to note that such statements should not attempt to broaden the scope of the claimed design beyond what is shown in the drawings.

Topics: MPEP 2900 - International Design Applications MPEP 2920.04(A) - Specification Patent Law Patent Procedure
Tags: Claims Optional, Figure Requirements, Filing Receipt Content, Oath Prohibited, Special Claim Terms