What is the “unity of design” requirement in international design applications?
The “unity of design” requirement in international design applications refers to the principle that an application should contain only one independent and distinct design. According to MPEP 2920.05(b):
“The examiner should determine whether the application complies with the unity of design requirement. This requirement is considered during both formalities review and substantive examination.”
If an application contains multiple designs that are not considered to be a single design concept, the examiner may issue a restriction requirement. Applicants can then choose which design to pursue in the current application and file divisional applications for the other designs.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.05 - Examination,
Patent Law,
Patent Procedure