There are several components to a design patent application, though the bulk of the preparation time will typically center on the drawings section. The main elements are:
- A description of the drawing figures
- Drawings or photographs disclosure statement
- The preamble (inventor’s name, title of the design and brief statement on the nature and intended use of the newly designed article)
- A single claim
- The U.S. Patent Office filing fee
- An Information Disclosure Statement (if applicable)
Drafting claims is typically the most laborious and important element of a non-provisional patent application. Only one claim is required in a standard format for a design patent application. Again, the U.S. Patent and Trademark Office (USPTO) considers the best “description” of the invention to be what is reflected in the drawings.
Figure Descriptions
Each view of the design must be described (such as front elevation or perspective view, etc). Other descriptions of the drawings are not required but are allowed. The following are some examples of additional descriptions:
- A descriptive statement about portions of the design which are not illustrated, such as a right side view being a mirror image of the left.
- A disclaimer of non-depicted portions of the article which aren’t being claimed as part of the design.
- Any necessary statements to explain the nature and environmental use of the design if readily apparent in the preamble.
Drawings of the Invention
As mentioned above, the drawings are the most important element of the design patent application. A black and white photograph may be submitted instead. Either way, the drawings or photographs must include a sufficient number of views to showcase the full disclosure of the design’s appearance (e.g. front, rear, top, bottom, right and left sides). Color drawings or photographs may only be submitted if the applicant petitions for it as necessary, the petition is granted by the USPTO and an additional fee is paid.
Appropriate features within drawings may include surface shading (to show the contour of three-dimensional surfaces) and dashed or broken lines (that aren’t part of the claimed design but are shown merely to help illustrate structure or context).
If you do not already have professional illustrations of your invention, LegalZoom can even help you obtain technical illustrations.
Claim
Only a single claim is appropriate in a design patent application, to state that it is a design of the particular article in question. Specifically, such a claim would read, “The ornamental design for [the article that the design embodies or applies to] as shown.”
Information Disclosure Statement
In compliance with the USPTO’s rule of full disclosure during the application process, you may need to file an Information Disclosure Statement (IDS). This document notifies the Office of any related “prior art” to aid in the review of your application. Prior art generally includes patents, publications or information within the public domain which relates to the patentability of your design and is typically uncovered by conducting a patent search. The USPTO will still conducts a search, but filing an IDS can help expedite the review period. Thus, if you are aware of any prior art, you should submit an IDS within three months of your design patent application filing date.
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