How do continuation and divisional applications affect design patent disclosure?

Continuation and divisional applications in design patents must adhere to the disclosure requirements outlined in MPEP 1504.04. The key principle is that these applications cannot introduce new matter. The MPEP states:

“The test for sufficiency of the written description is the same for design and utility patents.”

This means:

• Continuation applications must be fully supported by the parent application’s disclosure
• Divisional applications can only claim designs disclosed in the original application
• Any changes or additions not supported by the original disclosure may be considered new matter

It’s crucial to ensure that all elements of the design in continuation or divisional applications were adequately disclosed in the original application to avoid rejection under 35 U.S.C. 112(a).

To learn more:

• design patent
• continuation application
• divisional application
• disclosure requirements