What additional requirements are there for international design applications designating the United States?
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.
International design applications designating the United States must include additional elements as specified in 37 CFR 1.1021(d):
- A claim (37 CFR 1.1021(b)(1)(iii) and 37 CFR 1.1025)
- Indications concerning the identity of the creator (inventor)
- The inventor’s oath or declaration (37 CFR 1.63 and 1.64)
The MPEP states: “A claim is a filing date requirement for design applications in the United States. See 35 U.S.C. 171.” Additionally, “The United States has declared, pursuant to Article 5(2), that an international design application designating the United States must contain a claim.“
It’s important to note that failure to include these elements may result in the application being deemed not to contain the designation of the United States.