What happens if an international design application designating the US contains multiple designs?
What happens if an international design application designating the US contains multiple designs?
When an international design application designating the United States contains multiple designs, it will be subject to a restriction requirement. According to MPEP 2920:
“An international design application designating the United States may be subject to a restriction requirement pursuant to the unity of design requirement under 37 CFR 1.1064 and MPEP § 1504.05.”
This means that the applicant may be required to limit the application to a single design or a group of related designs. The applicant can then file divisional applications for the other designs if they wish to pursue protection for them separately.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920 - National Processing Of International Design Applications Designating The United States,
Patent Law,
Patent Procedure