What happens if an international design application designating the US contains multiple designs?

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.

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.