How can applicants indicate matter not forming part of the design in international design applications?
In international design applications, applicants have multiple options to indicate matter that is shown in a reproduction but for which protection is not sought. According to MPEP 2920.04(b):
“In addition to the use of broken or dotted lines to indicate matter shown in a reproduction for which protection is not sought, Administrative Instruction 403 permits such matter to be indicated in the description and/or by coloring.”
This means that applicants can use:
- Broken or dotted lines
- Description in the application
- Coloring
to indicate matter that is not part of the claimed design. Examiners may use Form Paragraph 29.20 to address this in international design applications.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.04(B) - Reproductions (Drawing Figures),
Patent Law,
Patent Procedure