How does the “one independent and distinct design” requirement apply to 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.

The requirement for only one independent and distinct design applies to nonprovisional international design applications designating the United States. Key points include:

• U.S. law requires that only one independent and distinct design may be claimed in a single application.
• If more than one independent and distinct design is claimed, the examiner will require the applicant to elect one design for prosecution.
• This requirement is typically made before any action on the merits but may be made at any time before the final action.
• Applicants may pursue protection for non-elected designs through divisional applications.

As stated in 37 CFR 1.1064(a): Only one independent and distinct design may be claimed in a nonprovisional international design application.