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2920.04(b) Reproductions (Drawings)

MPEP SECTION SUMMARY Every nonprovisional international design application must include a reproduction of the claimed design. A reproduction may be either a drawing or a photograph of the industrial design. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be a clear and complete depiction of the design applied to the article designated in the title, and that nothing regarding the design sought to be patented is left to conjecture. This section includes the formal requirements for the reproduction of the claimed design. Notable provisions include, for example, the ability to submit reproductions in black and white or in color, numbering of reproductions by design and view number separated by a dot, and the use of coloring to indicate matter shown in a reproduction for which protection is not sought.

Drawing requirements set forth in 37 CFR 1.84 do not apply to nonprovisional international design applications, except for those set forth in 37 CFR 1.84(c).

Reproductions published as part of the international registration have been reviewed by the International Bureau for compliance with the formal requirements of the Hague Agreement and thus should not be objected to by the examiner on such grounds.

Amended reproductions that are submitted directly to the Office pursuant to 37 CFR 1.121 are not subject to review by the International Bureau and thus may be objected to under 37 CFR 1.1026 as to matters of form where appropriate.

“[a] Contracting Party may however refuse the effects of the international registration on the ground that the reproductions contained in the international registration are not sufficient to disclose fully the industrial design.”

• When the inconsistencies are of such magnitude that the overall appearance of the design is unclear, the claim should be rejected under 35 U.S.C. 112(a) and (b), as nonenabling and indefinite.

The practice set forth in MPEP § 1503.02 I-IV with respect to views, surface shading, broken lines, and surface treatment is generally applicable to nonprovisional international design applications.

• In addition to the use of broken or dotted lines to indicate matter shown in a reproduction for which protection is not sought, Administrative Instruction 403 permits such matter to be indicated in the description and/or by coloring.
  

 

» 2920.04(c) Inventor’s Oath or Declaration