How are inconsistencies in reproductions handled 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.

Inconsistencies in reproductions are addressed based on their severity. According to MPEP 2920.04(b):

1. Minor inconsistencies: “When inconsistencies are found among the views, the examiner should object to the reproductions and request that the views be made consistent.”

2. Major inconsistencies: “When the inconsistencies are of such magnitude that the overall appearance of the design is unclear, the claim should be rejected under 35 U.S.C. 112(a) and (b), as nonenabling and indefinite.”

The examiner may use Form Paragraph 29.11 for minor inconsistencies or Form Paragraphs 15.21 or 15.22 for major inconsistencies that render the design non-enabled or indefinite.