What are the requirements for the claim in an international design application?

The requirements for the claim in an international design application are set forth in 37 CFR 1.1025. Key points include:

• Only one claim is permitted for purposes of the United States.
• The claim must be in formal terms to the ornamental design for the article (specifying the name of the article) as shown, or as shown and described.
• The description of the article in the claim should be consistent with the title of the invention.

If the specification includes a proper descriptive statement of the design or other descriptive matter, the words “and described” must be added to the claim following “shown”. The examiner may amend the claim by examiner’s amendment to include these words if necessary.

The MPEP provides specific form paragraphs (15.62, 15.63, and 15.64) for amending claims in international design applications to ensure proper form.

To learn more:

• International Design Application
• Design Claim
• USPTO
• Patent Procedure