Dec 63 min read

Requirements of Design Patent Drawings

Updated: Dec 10

A design includes the visual decorative features incorporated into or applied to a manufactured item. A design patent protects the aesthetic appearance of the product. Consequently, the illustrations are a crucial component of a design patent application. The design drawings must meet certain fundamental requirements. The topics listed below emphasize the essential requirements to prevent rejections.

Drawings or Photographs

The drawings are a crucial component of the application. Each design patent application must feature a drawing or a photograph of the claimed design. Since the drawing or photograph represents the entire visual disclosure of the claim, it is essential that it is clear and comprehensive, ensuring that no aspect of the design intended for patenting is left uncertain.

The Views

The drawings or photographs must include enough views to fully reveal the appearance of the claimed design, such as front, rear, right and left sides, top, and bottom. Perspective views are recommended as they can effectively display the appearance of three-dimensional designs. A combination of plan, elevation, and perspective views in the drawings or photographs may help ensure they satisfy the Office's disclosure requirements.

If a design's left and right sides are identical or mirror each other, one side can be shown with a note in the drawing description indicating that the other side is identical or a mirror image.
If the bottom of the design is flat, a view of the bottom may be omitted if a statement is made in the drawing description that the bottom is flat with no surface ornamentation.
In some cases, sides of the article that are not visible during normal use do not need to be shown.
A sectional view that helps to understand the external appearance of the design is permissible, however, a sectional view presented to show strictly the interior structure of the article is neither required nor permitted.

Surface Shading

Surface shading is essential to illustrate the character and contour of the surfaces in the claimed design. It is also crucial to differentiate between open and solid areas within the design. Solid black surface shading is only allowed when representing the colour black or for indicating colour contrast.

Broken Lines

The two most common uses of broken lines are to disclose the environment related to the claimed design and to define the bounds of the claim.
Elements depicted in the drawing that are not part of the claimed design can be differentiated by illustrating them with broken lines or dash lines.
Structure that is not part of the claimed design but is considered necessary to show the environment in which the design is used may be represented in the drawing by broken lines. This includes any portion of an article in which the design is embodied or to which the design is applied that is not considered part of the claimed design.
USD838713S1
When the claim is directed only to surface ornamentation for an article, the article to which the surface ornamentation is applied must be shown in broken lines.
USD868714
In general, when broken lines are used, they should not interfere with a clear understanding of the claimed design and should not be of heavier weight than the lines used in depicting the claimed design.
Occasionally, broken lines may be necessary to show features included in a claimed design, such as stitching on a garment. When broken lines are used, especially those that cross over the full line showing the design, it is critical that the description of the broken lines in the specification explicitly identifies their purpose so that the scope of the claim is clear.
USD945125
If a broken line indicating the environmental structure must cross or intrude upon the depiction of the claimed design and hinders a clear understanding of the design, such an illustration should be presented as a separate figure, alongside other figures that display the design's subject matter without obstruction.