There is much more to preparing and prosecuting a Design Patent Application then merely preparing and filing accurate drawings. Another critical aspect is the text in the application that includes disclaimers and statements of explanation. Together, the drawings and text provide a Design Patent Application that are more likely to be allowed and easier to enforce. The words used in the text result in stronger patent protection that is either broader or narrower and more enforceable against possible infringers. Moreover, a strong, well-written Design application is more valuable for purposes of licensing.
UNIQUE AND USEFUL ASPECTS OF A DESIGN PATENT
Although it is thought that Design Patents can only be enforced against something that is an exact or almost copy of the patented design, in fact, minor differences in appearance may not avoid infringement. Further, Design patent infringement cases can be more easily proven and not require a technical expert to guide the judge in determining if the infringing design actually infringes the patent.
An important use of a Design Patent is to be able to mark a product with the terms PATENT PENDING as soon as the Design Patent Application is filed. This can be accomplished quickly because a Design Patent Application can be prepared and filed quickly. Moreover, this marking can continue for as long as the Design Patent application is pending in the U.S. Patent Office. A further advantage is that the product as used in advertising can also show the words PATENT PENDING. PATENT PENDING means that a patent application has been filed and has not lapsed, expired or gone abandoned.
An important aspect of the use of the PATENT PENDING status is that there is no way a competitor can know what type of Patent Application, i.e., a Provisional Patent Application, a Utility Patent Application, or a Design Patent Application has been filed. Also, one does not know if or when a Patent is about to issue and if a cease and desist letter will follow up leading to the potential lost of whatever money is spent on copying the product covered in the PATENT PENDING application. This quandary can act to stop a potential competitor from moving ahead even though they don’t know whether in fact an enforceable patent exists. Being that the United States is a first to file system, quick filing of a Design Patent Application and the receiving of PATENT PENDING status is another reason to file a Design Patent Application.
Another important aspect of Design Patent Applications is that the time from filing to issuance is much, much quicker than for utility Patent Applications. Thus, enforceable patent protection is attainable much sooner than with concurrently filed Utility applications. Thus, if infringement of the product being protected seems likely, a good approach is to file both a Utility Application and a Design Application at the same time. The average time for a Design patent application to issue is about 15 months from filing whereas a Utility application takes an average of about 35 months.
In some situations, Design Patent protection is needed as quickly as possible. This might occur when it becomes known that a competitor is about to come out with a similar product, or investors want patent protection before providing additional funding, or if the product is only expected to be popular with purchasers for a relatively short period. In all of these types of situations, a Design Patent is needed as soon as possible. One way to accomplish the need for Design Patent protection as quickly as possible is to file a Design patent application and request the USPTO to examine the application under an expedited procedure, also known as the “Rocket Docket,” whereby a design application issues on average within about 6 months! The only requirements are an additional government filing fee and the need to cooperate in all aspects of the prosecution.
DESIGN PATENTS ARE ECONOMICAL
Design Patents provide inexpensive protection. It is well known that preparing and filing a Design Patent application is much less expensive than a utility patent application. One reason is because a Design Patent application only has a single claim as compared to the typical 20 or more claims in a Utility Patent application. The Utility Application also requires a long, thorough specification to support the claims. In short, it takes many more hours of expensive attorney time to write a Utility application as compared with a Design Application.
The government filing fees to file a Design Patent application are much less than those of a Utility Application. For example, the government filing fee for a Utility application of a small entity cost a minimum of $785.00 while the government filing fee for a Design Patent application filed by a small entity is $480.00.
Once the application is allowed, the government fee to issue a Utility Patent filed by a small entity is $500.00 while the government fee to issue a Design Patent filed by a small entity is $350.00.
Design Patents are much less expensive to maintain than Utility Patents. The Design Patent is NOT subject to maintenance fees during the life of the patent. By contrast, a Utility Patent owned by a small entity has maintenance fees of $800.00 due at 3.5 years, $1800.00 due at 7.5 years, and $3700.00 due at 11.5 years.
A Design Application may be filed when the applicant does not have enough money to file a Utility Application. Another possibility is to file a Design Patent Application and then file a Continuation Application or a Continuation-in-part application claiming priority to the Design application up to the time the Design application is issued or abandoned.
UNDERSTANDING THE DESIGN PATENT TIMELINE
There is no early publication of a Design Patent application. An interesting oddity in the procedure at the USPTO is that pending Design Patent Applications are never published. Therefore, the applicant’s competitors might not know what product is protected by a Design application until the product is already for sale. This can be precisely controlled by not selling the product until the Design Patent application is about to issue. By contrast, Utility Patent Applications are published after 18 months from filing.
It might be prudent to file both a Design Patent Application and Utility Patent Application at the same time. The Design Patent Application can be used to protect an invention as a backup to the Utility Patent Application. While a Utility Patent Application is usually the preferred tool to protect an invention because it covers the functional features of the invention, it may happen that a reference which prevents the allowability of the Utility Application might be uncovered during the prosecution. In that case, a Design Patent application which only protects the ornamental features of the invention might still be allowability and therefore provide at least some protection of the idea. Another advantage of filing both a Utility Patent Application and Design Application at the same time is that if both are issued and one is held to be invalid or unenforceable, some protection remains.
ENFORCEMENT POWERS OF THE DESIGN PATENT AGAINST PATENT INFRINGEMENT
In an action for infringement, Design patents are much easier and less expensive to enforce as compared with a Utility patent. Also, a very small percentage of Design Patents are ultimately litigated as compared to Utility Patents. The test for Design patent infringement is the “ordinary observer” test as set out in Federal Circuit Court case Egyptian Goddess, Inc. v. Swisa, Inc. In that case it was held that infringement is found if in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same. That is, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other. In determining whether an infringing design is the same as the patented design, a judge can make the determination without the need for expert testimony because the infringement is readily seen.
A Design Patent is very effective against an infringer and can force the opposing side to quickly settle. It can be the basis of a preliminary injunction and put the infringer out of business until trial. This can lead to a quick settlement.
We all know that we “judge a book by its cover”. The appearance of a product is how a purchaser decides on whether or not to buy it. In fact, the way a product looks might be the main component of why the product is or is not successful. It can be appreciated that the main reason a company invests in design patents is to keep their competitors from copying their designs. Since a Design Patent protects the appearance of a product, it can be the most effective protection that is available. Therefore, many large corporations make it a point to protect their new products with Design Patents.
The shape and configuration of a product may not have any functional relevance but are very important to protect so that competitors don’t use these features with their own products. Since Design patents protect nonfunctional features of the shape of a product, they are one of the most effective types of Intellectual Property for preventing competitors from illegally stealing products that have unusual but non-functional shapes.
Surface features can also be an important aspect of a product design. As long as the surface features are not important to the function of the product, they can be protected with a design patent. Please note that if the surface features are important to the way the product performs, they may not be protected by a Design patent.
Often, when patent protection is not available because the product is well known, a Provisional Patent can be filed so that Patent Pending can be put on the product and/or the advertising. This would seem to indicate to some that the product is protected (while in fact, the protection is at best, very skimpy). An alternative approach is to file a Design Patent application and to advertise the existence of a Patent protecting the product when the Design Patent is granted. For greater protection, a series of Design Patent Applications can be filed to cover different features or aspects of the product. In some cases, both a Utility Patent application and a Design Patent Application can be filed. The more Intellectual Property owned, the more that an opposing counsel would have to review (and the greater the cost to the competitor) in the event that a litigation is considered.
DESIGN PATENT PROCESS
Fundamentally, the process of filing a Design Patent application boils down to a fairly simple procedure. We first have an exploratory discussion with the inventor and gain a foundational understanding of the client’s invention. After this initial consultation, the client sends us a series of documents including a three-dimensional view, two side views, a top view, and a bottom view. After analyzing these drawings, we ascertain that the design is indeed patentable and subsequently prepare a design patent application. The patent application describes each of the aforementioned views. Once the application is prepared, it is forwarded to the inventor in order to make sure it covers all of the client’s ideas and expectations. Once approved by the inventor, it is filed with the USPTO.
At the time a Utility Patent Application is about to issue, it might be worthwhile to file a Design Application as long as the Design Patent application is directed to a portion of the product that is adequately disclosed in the Utility Application. In this case, it is necessary to take advantage of Design Patent law that permits filing for a design that is only a part of a product.
A Design Patent can be used for obtaining a Trademark registration that protects the design of a product. For example, a Design Patent is first filed on a product that is not inherently distinctive. Concurrently, a Trademark Application is filed on the same design claimed in the Design Patent Application. The Trademark Application will most likely be registered on the Secondary Register. Assuming adequate sales and advertising, the Trademark can then be filed on the Principal Register after 5 years. Thus, while the Design Patent will expire after 15 years from filing, the Trademark of a patented product will be held to be well known and registerable. It can be understood that the Design Patent will prevent the use of the design for 15 years from the date of filing and then the Trademark will take over and prevent the use of the design for as long as the trademark remains in force.
DESIGN PATENT BASICS
A Design Patent protects the ornamental design of a product. However, it does not protect or cover the functional design or aspects, of the product. An ornamental design refers to the visual ornamental shape or the visual ornamentation of the product. It’s important to note that the ornamental design or ornamentation may be incorporated in all or only a portion of the product.
However, a design patent does not protect the functional aspects of the product. The protection on the shape and/or decoration associated with the product lasts for a total of 15 years from the day of filing the Design Patent application. As compared to a Utility Patent application, a Design patent receives 5 years less protection than the 20 years afforded the Utility Patent. However, a Utility Application costs significantly more to prepare and file and once issued requires government maintenance fees after must be paid by the fourth, eight and twelfth years.
Still, design patents offer a number of important advantages over the Utility Applications. These include being much less costly to prepare and file and typically easier and more quickly issued. These advantages are used by inventors and companies as a cost-effective way to build a patent portfolio to protecting their inventions. A patent portfolio is very valuable as it makes copying the invention more difficult. It also makes the invention more valuable for investors, licensees, and buyers. Further, design patents can provide protection on all or just portions of an invention when the underlying structure is not patentable.
A design for an article must be capable of reproduction to be patentable. A Design Patent cannot claim ornamentation that is independent of the article. A patentable design must include: the visual characteristics carried by the article; the visual characteristics embodied in the article of manufacture, or a combination of the visual characteristics carried or embodied in the article of manufacture.
Anyone in the world can apply for a Design Patent. Assignees of the entire interest of the Design Patent application can apply in the name of the Assignee. A guardian can apply if the inventor is incapacitated. A joint inventor or a person having proprietary interest in the design can apply if the inventor cannot be found or refuses to apply. If the inventor has died, a legal representative can apply on behalf of the inventor’s estate.
If a person conceives of a design and a second person builds an embodiment that includes the design, only the person that conceived the design is listed as the inventor unless the second person significantly changed the design.
A Design patent is limited to a single design. In the event that a number of different embodiments are filed in a single application, the Patent Examiner can require the restriction to a single embodiment.
A Design Patent protects the appearance of features of how the article being patented looks. This includes its appearance, its shape or the combination of its appearance and shape.
A Design Patent has a term of 15 years from the date it was issued as a Patent. At the end of the term, it expires and cannot be renewed.
The requirements for a Design Patent are that it must be novel, original, nonobvious and ornamental. Novel means that the design is different from one that already exists. Original means that the design is not a mere imitation of a design that already exists. Nonobvious means that the design is not likely to be conceived by others. Ornamental means that the design is not primarily functional.
The design must be for an article and capable of reproduction.
The Design Patent cannot claim a decorative scheme or ornamentation that can exit independently of the article. Therefore, a drawing is not protected with a Design Patent.
The design patent covers 1) the visual characteristics of an article of manufacture, 2) the visual characteristics embodied in the article of manufacture, and 3) the combination of the visual characteristics carried by and embodied in the article of manufacture.
Anyone can apply for a U.S. Design Patent as long as they are the true sole or joint inventor. Assignees of the entire interest in the Patent Application can apply for patent protection in their name.
Only the person that conceives of the design can be named as the inventor. If a second person assisted the first person before the design was finally conceived, they can be listed as a joint inventor.
A U.S. Design Patent will only protect a single design. In the case where there are a number of designs, the Patent Office can issue a restriction requirement requiring the election of one embodiment. The other non-elected embodiments must be protected by filing a Divisional Application to protect each of the non-elected embodiments.
There are four basic types of Patent applications. These include Design Patent Applications, Provisional Patent Applications, Utility Patent Applications, and Plant Patent Applications. A Reissue Patent Application corrects mistakes in issued Patents.
Provisional Patent Applications cover an invention for one year and then they expire. They are never examined by a Patent Examiner and a Patent never issues from a Provisional Patent Application. A Provisional Patent Application does not protect design rights. Therefore, it does not postpone the time to file a Design Patent Application. As with Utility Patent Applications, failure of the inventor filing the application within one year of using the design in public results in the design being dedicated to the public.
PROTECTING SELECTED PARTS PIECES AND PORTIONS OF A DESIGN
Design Patents can separately protect different parts, portions, regions, segments or components of an article by filing a group of Design Patent Applications, each claiming a design of different aspects or combinations of the parts, portions, regions, segments or components of an article.
Design Patent Applications can protect different features of a product by filing a number of applications, each covering a different feature or a combination of features of a product. In this way, if any feature of the product is copied but not the entire design, design patent infringement will still result. Understanding that a design patent can be directed to the appearance of selected parts, portions, regions, segments or components of an article is crucial to fully protect the design of a product.
A Design patent must fully disclose the claimed design of an article. However, a claimed design does not have to include the entire section where the design is seen. Broken lines can be used to illustrate non-essential details in the design. It is important that non-essential aspects of the design be left out of the design drawings.
The claimed design does not require that contiguous parts, portions, areas, regions, segments, or components of an article be connected, i.e., with solid lines. If the novel features that make up the patentable design are separated, they can be claimed with solid lines. The material that separates the patentable material can be shown as broken lines or broken away and removed with a bracket to bridge the space. A useful technique is to break away portions of an article because the article being protected is not limited to its dimensions and does not require the intervening portions that do not add anything to the claimed design.
By filing a group of design patent applications to protect different features or groups of features of the article, an infringer that copies only one or two features is still guilty of patent infringement. It is important to file the group of design patents concurrently so that the Patent Examiner cannot use one application as a prior art reference against a later filed application in the same group.
IMPORTANCE OF DESIGN PATENT SEARCH
There are a variety of circumstances that should be considered when examining the benefits of a Design Patent Search and it would be useful to discuss several of them in order to appreciate why this tool is so very powerful. Primarily, an inventor who seeks to gain a design patent on a new invention must ascertain whether or not his/her idea is in fact “new.” A Design Patent Search consists of a robust and comprehensive search of patents and patent applications that have already been filed and issued by the USPTO and allows the researcher to determine if the new invention infringes on a patent already in existence.
WHEN DO I NEED ONE?
When a utility patent is unobtainable because the product lacks a new function or structure, a design patent can still be obtained to protect its ornamental or aesthetic features.
A design patent is very different from the more common utility patent. The design patent has a disclosure that is primarily limited to the drawings filed with the patent application.
Most of the effort in preparing a design patent application is centered on illustrating the shape of the product in as general terms as possible, to get the most protection. Unless the shape of the new design is similar to an existing product, much of the effort during the examination process in the Patent Office involves formalities, often concerning the drawings.
HOW LONG DOES IT LAST?
A design patent has a life of fourteen years from the time of issue and unlike a utility patent, no maintenance fees are required. Please note that the term of the design patent cannot be extended past the granted fourteen years. Once this time period is up, it falls into the public domain and the inventor no longer has the right of exclusion. A design patent can also expire if the USPTO determines that it is invalid because it infringes on a previous patent already issued. Other ways that the design patent is not enforceable entails the circumstance in which the design patent was fraudulently obtained or if it was used to commit illegal activities.
GOALS AND SPECIFIC BENEFITS OF A DESIGN PATENT
The design patent application is relatively quick and easy to prepare, especially considering the lengthy process required for a utility patent. Therefore, in the event that a business feels particularly compelled to proceed with a utility patent but is concerned with the amount of time until its completion, it is advisable to file both a design patent and utility patent thus gaining at least preliminary protection almost immediately.
The cost of filing a design patent is fairly inexpensive and is far cheaper than a utility patent. This allows the individual to comfortably proceed with his/her invention and gain legal protection while pondering the cost/benefits of pursuing a utility patent.
INFRINGEMENT
Essentially, design patent infringement involves violating an individual or company’s intellectual property with the making, using, or selling of a patented design. Often, inventors will attempt to alter or modify the shape or design embodied within a design patent in order to avoid this issue. While they may believe this tweaking of the idea is enough to render it a new and novel idea, often it is not. Minor differences do not necessarily prevent a finding of a patent infringement.
MISCELLANEOUS FEATURES AND DEFINITIONS INVOLVED IN THE DESIGN PATENT APPLICATION
An “article of manufacture” has a design or embodies a design. The phrase article of manufacture relates to anything made by man from raw materials. These include designs that are fleeting, such as the spray pattern from a nozzle or inflated articles like balloons, irrespective of how they are embodied by article of manufacture.
The design can be applied to an article of manufacture of any size but must be visible for some period of time.
If the visual appearance of the article being patented is of some concern while it is being used it can be filed on. This is even the case where the article of manufacture ultimately ends with destruction or loss.
Reduction to Practice
As soon as the design is embodied in an article of manufacture, it is reduced to practice.
Related Applications
A Design Patent Application can be filed as a continuation, continuation-in-part or as a Division of another Design Patent Application or a Utility Application. Alternatively, a utility application can be filed as a continuation, continuation-in-part or as a Division of another Design Patent Application.
What features to protect?
Non-essential features of the appearance of the object may be omitted from the Design Patent Application or depicted by broken lines if an explanation of the inclusion of broken lines is included in the specification.
The proper drafting of a Design Patent Application requires the inclusion or exclusion of certain elements of the design. The result might be that the protection afforded by the application will be limited by the non-essential details.
The claimed subject matter of a design patent is illustrated in solid lines. However, the claimed subject matter does not have to include easily modified non-essential features. The non-essential features may be easily avoided by a competitor to overcome a claim of patent infringement.
In the case where only the key features of an unusual shaped article are claimed using solid lines, a competitor that copies the unusual shaped aspect of the article but changes the other features of the article will still infringe because of the broad protection afforded the claimed shape.
Conversely, if the great majority of features are claimed by illustrating them in solid lines, the design patent will provide very narrow protection. If a competitor copies the design but changes some features by leaving them out, changing their location or their appearance, the competitor can avoid infringement.
The broadest design protection is achieved by avoiding solid line depiction of non-essential aspects of the total design. It is better to use broken lines to depict these aspects of the design.
While the drawings of a Design Patent Application do not have to show the complete design of the article of manufacture, it might be a good idea to show the entire design in one view of the drawings. As mentioned before, the solid lines show the claimed subject matter and broken lines show the unclaimed subject matter. It is important to keep in mind that the use of the broken lines must be explained.
The intended use of the article of manufacture must be explained with either the drawings and/or text of the Design Patent application. This may be accomplished with a combination of solid and broken lines in at least one figure. The solid lines can show the nature of the article and the broken lines show intended use of the article.
Several embodiments of a claimed design can be illustrated in the drawings of a single Design Patent application when the embodiments are part of a single design and the embodiments illustrated are not so different that separate design patent applications are needed for each. In this case, it’s important that the specification should include verbiage as to the similarity and differences of the embodiments.
When several embodiments are provided in a single Design Patent application, the Patent Office will usually issue a restriction requirement requiring an election of one of the embodiments. This will result in the necessity to file Divisional Patent Applications for each of the non-elected embodiments.
For several embodiments to be protected with a single Design Patent Application, they must be patentably indistinct. That is, they have to embody a single inventive concept.
Independent designs where there is no relationship between the designs can’t be protected by a single Design patent. Also, distinctive designs which include subjects that are novel and non-obvious over each other can’t be protected by a single Design patent.
In the event that a Design Application is filed with one embodiment fully illustrated and other embodiments using drawings showing a minimal number of views, it can happen that the Examiner will issue a restriction requirement. The unfortunate effect in this case is that additional drawings can’t be added because it’s considered the addition of new matter.
When less than all the features of the embodiments are not shown, it’s important to include a statement in the application that only repetitive drawing views have been omitted. Otherwise, add additional views in the event a restriction requirement is imposed and a Divisional Application will have to be filed requiring a full set of views for the embodiment covered by the Divisional Application.
CONTENT OF A DESIGN PATENT APPLICATION
The first requirement of a Design Patent Application is that the article on which the claimed design is carried or embodied must be satisfactorily disclosed. This includes disclosing enough of the article so that it is abundantly clear what the article is.
The second requirement is that Design Patent Application must clearly show how the article on which the claimed design is carried or embodied is used. The practical purpose of how the article is used must be clear.
The third requirement is that Design Patent Application must fully disclosed.
The Headings
Actually, there is no need for a Design Patent Application to include any headings. The Patent Office suggests that the body portion of the Design Patent application have a single heading that states SPECIFICATION. As stated in 37 CFR 1.54 (c) The text of the specification should be preceded by a section heading in uppercase letters without underlining or bold type
The application’s title can be in bold, all uppercase letters, centered on top the first page without underling.
Other possible headings are RELATED APPLICATION DATA, CLAIM AND DESCRIPTION.
The Title
A Design Patent application must include a title that names the article that embodies or carries the design.
The name of the design that is claimed can also be included in the Title. Still the title must name a definite article to which the design is applied. The name should be selected from a name that the public understands.
The title plays an important role because it identifies the subject and possible use of the article that is being claimed.
The disclosure requires three elements: 1) name of the article of manufacture in which the design is embodied; 2) the use of the article; and 3) the details of the claimed design.
For example, a title might be in the form of (name of the design) FOR (name of article that has well known use).
It’s also possible to provide a one-word title that names an article that is know so that its function is implied but not stated. This includes the words DESIGN FOR which are not actually included but are implied.
Specific requirements for a title include:
- A title cannot contain an abbreviation;
- A title cannot contain a trademark;
- A title should be written in singular form;
- For a plurality of parts of a single article, the title might include unit or assembly;
- A title might be directed to entire article or only a portion of the article but not less than the article shown in the solid lines;
- The title, exactly as written, is used in the claim and will therefore affect the scope of protection of the design patent; and
- In some cases the Patent Examiner will allow the wording “or the like”, “and the like”, “or similar article” in the claim and thereby broaden the protection.
The Preamble
The preamble can be provided in a paragraph that is located before the paragraphs that describe the various drawing views. The paragraph can, for example read, “Be it known that I, insert name of inventor, have invented a new, original and ornamental design for a, insert title, of which the following is a specification, reference being had to the accompanying drawings forming a part herein, wherein:”
In some cases, there are related applications that need to be cross referenced. In that case, a section labeled CROSS REFERENCES can be inserted before the section labeled SPECIFICATION. These can include Patent Applications that might be related to the present application.
Since anything in the design application narrows the scope of what is protected, it is thought to be better to only include applications for which the information is necessary, such as the filing date or some part of the disclosure. Otherwise, it might be better to include the applications in an Information Disclosure Statement. However, if the situation arises where new drawings are needed, the change can be made if the antecedent basis is based on a patent cited in the CROSS REFERENCES of the design application as filed as being “incorporated by reference.”
A PREAMBLE can be included which states the name of the applicant, the title of the design, and a brief description of the nature and intended use of the article in which the design is embodied.
The design patent requires a SPECIFICATION section which when finally printed is renamed DESCRIPTION ahead of the description of the drawings. Information about the existence of a copyright can be included here. Other information such as a Disclaimer can be included.
DRAWING VIEW DESCRIPTIONS
Drawing description paragraphs are included to describe each of the views in the order the drawings are presented. There is no specific format that the description paragraphs have to be written.
Any statements needed to better explain the drawings are best provided after the drawing description paragraphs. These can include description of the drawings not shown in solid, statements to modify design not shown in drawings, statements to modify design beyond what shown in drawings.
Statements cannot typically be added after filing because they are considered new matter. Therefore, it is important to get these right before filing the application.
A statement describing the purpose of the broken lines is important in a design patent application.
Unless provided in other parts of the application, it is necessary to provide a statement that describes the nature of the article and its use.
A characteristic feature statement can be included to describe a particular feature of the design that is novel or unobvious over prior art.
Disclaimer statements that disclaim different aspects of the claimed design can be included.
A single claim that follows the description section of the application is required. The wording can be “The ornamental design for (insert title of application) as shown.” Alternatively, the claim could read “The ornamental design for (insert title of application) as shown and described.” A broader wording could read “The ornamental design for (insert title of application) substantially as shown” or “The ornamental design for (insert title of application) substantially as shown and described.”
THE DRAWING
A design patent application has to include either a drawing or photograph showing the claimed design. However, the application cannot include both a drawing and a photograph.
The drawing figures have to be numbered and described in the paragraphs that describe each of the drawing views.
Reference numerals are not permitted in the design drawings.
A design patent application should include at least one perspective view.
In the case where a view is not visible when the design is being used, it can be omitted. In this case, the undisclosed view must either be described or disclaimed.
It is not necessary to include a view that is a duplicate of another view such as a mirror image. However, the undisclosed view must either be described or disclaimed.
BROKEN LINES
There are only two types of lines, solid and broken. Broken lines include long dashes, short dashes, dots, mixtures of long and short dashes, light, and dark.
Broken lines show unclaimed subject matter.
Different types of broken lines can designate different subject matter that isn’t claimed.
All broken lines require an explanation of what they represent. This can be accomplished with an explanation in the drawing view description or as a statement following the drawing view description paragraphs.
All views must be absolutely consistent.
The surface of the drawings must be shaded to show color and contour. Improper shading can lead to the drawing being held non-enabling and indefinite which could lead to the loss of the filing date.
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