What happens if multiple designs are shown in an international design application?

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.

According to MPEP 2920.05(b), if multiple designs are shown in an international design application designating the United States:

• The applicant will be required to limit the application to a single independent and distinct design.
• This requirement may be made by the USPTO as an Office action.
• Alternatively, it may be made by WIPO at the USPTO’s behest.

The MPEP states: “Only one independent and distinct design may be claimed in a nonprovisional international design application. See 35 U.S.C. 171 and 37 CFR 1.1064. Form paragraphs 15.27.02, 15.27.03, 15.27.04, 15.27.05, and 15.27.06 or 15.27.07, as appropriate, may be used in an Office action to require restriction to one independent and distinct design.”