foreword

In the previous article, we introduced three types of US patents, application methods, and their respective characteristics. Among these three types, the application process and time for design patents are relatively shorter compared to invention patents and plant patents.Therefore, the application for a design patent has become the primary choice for most applicants in order to obtain patent protection for their products in a short period of time.

How can we better and more efficiently apply for patent protection? How should one prepare in the early stages of an application? What issues should be noted during the application process? What is the series of rules and regulations related to it? In the following series, we will focus onBased on the "Design Patent Application Guidelines" published by the United States Patent and Trademark OfficeProvide answers to a series of common questions that everyone faces during this process.Help everyone's application process run smoothly.

Part.1

Common problem one: Requirements for exterior design drawings in the United States

The drafting section of a US design patent application mainly includes five aspects: drawings or black and white photographs, color drawings or color photographs, views, surface shading and drawing symbols, and dashed lines. Below, we will provide specific introductions and requirements for each aspect.

1、 Drawing or black and white photos

The disclosure of accompanying drawings is an important element of this application. Each design patent application must include a drawing of the design being protected or a black and white photograph of the design. As the drawings or photographs constitute the overall visual effect of the claims, it is crucial that they are clear and complete, so that no design seeking patent rights still needs to be speculated. The exterior design drawings or photographs must comply with the requirements of Section 35 USC 112, Paragraph 1. In order to meet the requirements of Article 35 USC 112, reference figures, drawings, or photographs must include a sufficient number of views to fully disclose the appearance of the design being protected.

Drawing usually requires printing black ink on white paper. Black and white photos should replace drawings and comply with legal regulations 37 CFR§ 1.84 (b) (1) and§ Requirement 1.152. Applicants should refer to these rules included at the end of this guide. These rules elaborate on the requirements for compliant drawing in design patent applications. Black and white photos submitted on dual photo paper must have the attached image number entered on the front of the photo. The photo installed on glossy cardboard can have the attached image number printed in black ink near the corresponding photo on the glossy cardboard. Black and white photographs and ink drawings shall not be combined in the visual disclosure of a formal application for the protection of a design. The simultaneous introduction of photos and ink drawings in exterior design applications may lead to inconsistencies between the corresponding elements in ink drawings compared to photos. The photos submitted as substitutes for ink drawings must not disclose the environmental structure and must be limited to the appearance design itself that requires protection.

2、 Color drawing or color photo

Only in accordance with Article 37 CFR§ After submitting an application explaining why color drawings or color photographs are required, the Patent Office will only accept color drawings or color photographs in the design patent application. Any such application must include Rule 37 CFR§ The fee specified in 1.17 (h), three sets of color drawings or photographs, black and white copies accurately describing the theme shown in the color drawings or photographs, and the instruction manual must include the following language before describing the drawings:

This patent document contains at least one color drawing. A copy of the colored drawings in the patent will be provided by the United States Patent and Trademark Office upon request and payment of necessary fees.

If a color photograph is submitted as an informal attachment and the applicant does not consider the color to be a part of the design being protected, a disclaimer should be added in the specification as follows: 'The color appearing in the design is not a part of the design being protected'. In the absence of a disclaimer submitted with the original application, color will be considered an integral part of the disclosed and claimed design. Disclaimer can only be used when submitting color photos as informal attachments, as per 37 CFR§ Requirement 1.152: The disclosure of official photos is limited to the appearance design of the product being protected.

3、 View

Drawings or photographs should include a sufficient number of views to fully disclose the appearance of the design being protected, namely front, back, right and left, top and bottom. Although not necessary, it is recommended to submit perspective views to clearly illustrate the appearance and shape of the three-dimensional design. If a perspective view is submitted and all sides can be clearly understood and fully disclosed in the perspective view, there is usually no need to display and explain each side in other view forms.

Only the repetition of other views in the appearance design or only flat and non decorative views can be omitted from the drawings, if clearly stated in the specification. For example, if the left and right sides of the exterior design are identical or mirrored, a view of one side should be provided along with a statement in the accompanying description that the other side is identical or mirrored. If the bottom of the exterior design is flat, the view of the bottom can be omitted if the graphic description includes a statement that the bottom is flat and not protruding. The term 'unadorned' should not be used to describe visible surfaces that include clearly uneven structures. In some cases, the claims may apply to the entire product, but there is no need to disclose them because some surfaces of the product are not visible during normal use. It is allowed to display cross-sectional views of exterior design elements more clearly, however, it is not necessary or allowed to display functional features or internal structures that are not part of the protected exterior design.

4、 Surface shading and drawing symbols

The attached drawings should have appropriate surface shading that clearly displays the characteristics and contours of all three-dimensional surfaces of the exterior design. Surface shadows are also necessary to distinguish any blank areas from solid areas in exterior design. Pure black surface shadows are not allowed unless used to represent color black and color contrast. According to Article 35 USC 112, Paragraph 1, the lack of appropriate surface shading in the drawings may result in the inability to reflect the shape and contour of the exterior design. In addition, if the shape of the appearance design in the submitted drawings is not obvious, adding surface shadows after the application may be considered as a new thing. New things are not shown or implied in the original application, and any content added to or derived from the claims, drawings, or specification (see 35 USC 132 and 37 CFR§ at the end of this guide); 1.121).

5、 Dashed line

It is not a part of the design that requires protection, but is a necessary structure for displaying the environment in which the design is used, which can be represented by dashed lines in the figure. This includes any part of the product that requires design protection to be reflected or applied, and is not part of the design protection. When the claims only involve surface decoration for the product, the product must be shown in dashed lines. Generally, when using dashed lines, they should not intrude or cross over the display of the design being protected, and should not be thicker or heavier than the lines used to describe the design being protected. If the dashed line displaying the environmental structure must cross or invade the design that requires protection and hinder a clear understanding of the design, then in addition to fully disclosing the subject matter in the accompanying drawings, this explanation should be displayed as a separate drawing.