How does 35 U.S.C. 112 apply to international design applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

The requirements of 35 U.S.C. 112(a) and (b) apply to nonprovisional international design applications. As stated in the MPEP, “The requirements of 35 U.S.C. 112(a) and (b) apply to nonprovisional international design applications. See 35 U.S.C. 389.” This means that international design applications must meet the same written description, enablement, and definiteness requirements as domestic design applications.

Topics: MPEP 2900 - International Design Applications MPEP 2920.05(C) - Considerations Under 35 U.S.C. 112 Patent Law Patent Procedure
Tags: Design Drawing Disclosure, Section 112