Exacting USPTO Rules for Design Drawings

Exacting principles concern US design patent drawings. For the most part, the figures for a design patent application ought to be appeared in highly contrasting line drawings with legitimate surface concealing and the suitable utilization of any wrecked lines to show topic that does not frame a piece of the guaranteed structure. The USPTO gives an accommodating aide on design patent applications.

Drawing Format

Design patent figures ought to be represented in high contrast line drawings. Unique consideration ought to be given to any surface concealing to demonstrate the character and form of all surfaces of any three-dimensional parts of the plan. Broken lines ought to be utilized to portray divides that structure no piece of the asserted plan. Highly contrasting photos might be documented in lieu of ink drawings if the photos are the main practicable mode for representing the asserted development [37 CFR §1.84(b)(1)].

Shading Drawings or Color Photos

In the event that a candidate looks to record shading drawings or shading photos in lieu of high contrast drawings, a request ought to be documented under 37 CFR §1.84(a)(2) clarifying why the shading drawings or photos are essential. The appeal must incorporate the request expense [37 CFR § 1.17(h)], three arrangements of shading drawings or photos, and the detail must contain the accompanying language:

“The patent or application document contains a least one attracting executed shading. Duplicates of this patent or patent application distribution with shading drawing(s) will be given by the Office upon solicitation and installment of the vital expense.”

Required Views

The for the most part required perspectives incorporate front, back, right side, left side, top and base. While not required, viewpoint perspectives are suggested since they can be so useful in demonstrating the appearance, profundity and state of three-dimensional plans.

Superfluous Views

Perspectives that are only copies or identical representations of different perspectives on the structure might be precluded if the determination makes this expressly clear. For instance, if the left and right sides of a structure are indistinguishable or a perfect representation, a view ought to be given of one side and an announcement made in the drawing depiction that the opposite side is indistinguishable or an identical representation (i.e., “the correct side elevational view is an identical representation of the left side”). In the event that the base is level and incorporates no ornamentation, that view might be overlooked if the figure portrayals incorporate an announcement clarifying the view (e.g., “the base is level an unornamented”). “Unornamented” ought not be utilized to portray noticeable surfaces that unmistakably are not level.

Surface Shading

US patent laws necessitate that structure drawings incorporate suitable surface concealing that unmistakably demonstrates the character and form of all surfaces of any three-dimensional parts of the plan. Surface concealing is likewise important to recognize open space and strong territories. The absence of proper surface concealing may result in a non-empowering dismissal under 35 USC § 112(a) [first paragraph], which might be hard to address since the expansion of surface concealing after the underlying documenting might be viewed as new issue [see 35 USC § 132(a)].

Design Disclaimers

Composed disclaimer proclamations are not allowed in issued configuration licenses, yet are briefly permitted in a pending design application to empower future corrections. In this way, the best method to abstain from guaranteeing a specific plan highlight or component is to show such element in broken or dashed lines.

Broken or dashed lines

In some cases it’s useful to demonstrate the setting of a plan without really asserting the encompassing condition. Broken or dashed lines might be utilized in such conditions to demonstrate that whatever is appeared accordingly shapes no piece of the asserted structure. Some outside nations, for example, China, don’t take into consideration broken lines in design patent applications. Along these lines, remember that whatever is demonstrated dashed in a US design application may at last must be appeared as strong in a partner outside structure application.