Requirements for U.S. Design Patent Drawings

The United States Patent and Trademark Office (USPTO) enforces specific requirements for design patent drawings. Adhering to these requirements is essential to successfully prosecuting design patent applications. These requirements are designed to ensure that the drawings clearly and accurately depict the novel ornamental features of a patented design. The ornamental features illustrated in the drawings define the enforceable scope of a design patent in the same way that claims define the enforceable scope of a utility patent.

Clarity and Detail

Drawings must be sufficiently clear and detailed to accurately represent the claimed design. Specifically, the drawings must depict every design feature the applicant wishes to claim. This may include an article's shape, configuration, ornamental design, surface ornamentation, and surface textures.

Black and White or Color

Traditionally, drawings should be submitted as black-and-white line drawings. 

However, color drawings may be submitted if the applicant believes color is necessary to illustrate the claimed design properly. In such cases, a petition justifying the need for color drawings and an additional fee must be submitted to the USPTO for approval. If the drawings are submitted in color, the design application specification must contain language similar to the following:

"The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee."

Types of Views

A complete set of views must be provided in the drawings to fully disclose the design's appearance. These views typically include a front, rear, top, bottom, right and left sides, and isometric or perspective views. These required views must be shown head-on and not from an angle. If necessary to understand the design, the drawings may include exploded, sectional, or enlarged views. These views must effectively show the depth and shape of a three-dimensional object or feature. A duplicate or mirror view may be omitted if the specification makes this explicitly clear.

Solid and Broken Lines

Solid lines depict all parts of the design claimed by the applicant. Broken or dashed lines illustrate portions of the design not claimed. This distinction helps define the scope of the claimed design as depicted in the drawings.

Broken lines may be used to show the context of a design without actually claiming the surrounding environment. In the example below, the broken lines provide the unclaimed context of a sneaker for the claimed sneaker gore element.

Some foreign countries do not allow for broken lines in design patent applications. Therefore, whatever is shown in dashed lines in a U.S. design patent application may ultimately have to be shown as solid lines in a counterpart foreign design application.

Surface Shading and Texture

Proper surface shading and texture must be used to indicate the character and contour of the design's surfaces. Shading is crucial for differentiating between open and solid areas and showing a surface's curvature and texture. The USPTO has specific shading techniques that are acceptable. Inadequate surface shading in the originally filed drawings can lead to a non-enabling rejection, which is difficult to resolve as adding surface shading post-filing may be considered new matter.

For instance, shading with straight lines indicates a flat surface. The image below shows a watch face with a flat surface shaded in this manner.

https://www.uspto.gov/patents/basics/apply/design-patent

Shading with stippling indicates curved or non-flat surfaces. The image below shows a tire rim with a curved surface shaded in this manner.

https://www.uspto.gov/patents/basics/apply/design-patent

Consistency and Uniformity

To avoid discrepancies in design interpretation, all drawings in an application must be consistent and drawn to the same scale. The drawings should also maintain uniformity in size, shading, and line thickness throughout all the depicted views.

Graphic Forms in Drawings

Photographs and computer-generated drawings are allowed, provided they meet the USPTO's clarity, detail, and reproducibility requirements. Photographs, in particular, may be used instead of drawings in some instances, such as when photographs are the only practicable medium for illustrating the claimed design. However, photos cannot be combined with black-and-white line drawings in one design and should not show any environmental structure.

Margins and Sheet Size

Drawings must adhere to specified sheet sizes and margin requirements. This standardization ensures uniformity and facilitates the reproduction of the drawings in the patent documents. The sheet size is usually A4 or 8.5 by 11 inches. Each sheet must include a top margin of at least 1 inch, a left side margin of at least 1 inch, a right side margin of at least 5/8 inch, and a bottom margin of at least 3/8 inch.

How TCP Law Can Help

A TCP Law design patent attorney can help you understand the requirements of a design patent and can prepare, file, and prosecute your design patent application.

For assistance with design patent drawings or with any other patent issue, please contact TCP Law at info@tcplawfirm.com or 917-612-1059.