How can I protect designs cancelled from an international design application due to a restriction requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Designs cancelled from a nonprovisional international design application as a result of a restriction requirement can be protected through the filing of divisional applications. These divisional applications can be filed in two ways: As a design application under 35 U.S.C. chapter 16, or As an international design application designating the United States According to MPEP 2920.05(b) : “ Protection of designs cancelled from a nonprovisional international design application as a result of a restriction requirement may be pursued through the filing of a divisional application(s). Such a divisional application may be filed either as a design application under 35 U.S.C. chapter 16 or as an international design application designating the United States. “ For more detailed information on divisional applications, refer to MPEP § 2920.05(e) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse One Independent and Distinct Design Requirement for Nonprovisional International Applications MPEP 2920.05(b) Single Independent and Distinct Design Requirement for Nonprovisional International Design Applications MPEP 2920.05(b) Permitted Single Independent and Distinct Design Must Be Claimed in Application MPEP 2920.05(b) Permitted Nonprovisional International Design Application Requirement MPEP 2920 Designs Cancelled Due to Restriction Can Be Pursued Through Divisional Applications MPEP 2920.05(b) Permitted Election of Independent and Distinct Design Required Before Merits Review MPEP 2920.05(b) Required Definition of Nonprovisional International Design Application MPEP 2920 Fees for International Design Application Processing MPEP 2920 Permitted Examination of International Desig...