What are the claim requirements for international design applications designating the United States?

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.

For international design applications designating the United States, there are specific claim requirements:

1. The application must contain a claim.

2. The claim must use specific wording in formal terms.

As stated in the MPEP, “Pursuant to Article 5(2)(a) and Rule 11(3), the United States declared that an international design application designating the United States must contain a claim and that the specific wording of the claim shall be in formal terms to the ornamental design for the article as shown, or as shown and described.

This requirement is also reflected in 37 CFR 1.1021(d) and further explained in MPEP § 2909, subsection IV.

Topics: MPEP 2900 - International Design Applications MPEP 2903 - Declarations Under The Hague Agreement Made By The United States Of America Patent Law Patent Procedure
Tags: Claim Requirements, design patents, international design applications, USPTO