What is the “one independent and distinct design” requirement in international design applications?
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.
The “one independent and distinct design” requirement in international design applications refers to the rule that only one independent and distinct design may be claimed in a nonprovisional international design application. This requirement is based on U.S. law and is enforced by the USPTO.
As stated in MPEP 2920.05(b): “Only one independent and distinct design may be claimed in a nonprovisional international design application. See 37 CFR 1.1064.”
This requirement is in line with Article 13 of the Hague Agreement, which allows Contracting Parties to refuse the effects of an international registration if it does not comply with their national law regarding unity of design.