What is the proper format for a claim in a nonprovisional international design application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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 claim in a nonprovisional international design application must follow a specific format as outlined in MPEP 2920.04(a) and 37 CFR 1.1025. The key requirements are:
- Only one claim is permitted
- The claim must be in formal terms to the ornamental design for the article
- The article must be specified by name
- The claim should use the phrase “as shown” or “as shown and described”
The proper format is: “The ornamental design for [article name] as shown” or “The ornamental design for [article name] as shown and described.”
If the specification includes a proper descriptive statement or other descriptive matter, the words “and described” must be added to the claim following “as shown.”
Topics:
MPEP 2900 - International Design Applications
MPEP 2920.04(A) - Specification
Patent Law
Patent Procedure