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]]>The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See discussion of sectional views above. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings.
As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45 degrees. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color.
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]]>The sheets of drawings should be numbered in consecutive Arabic numerals, starting with 1, within the sight. These numbers, if present, must be placed in the middle of the top of the sheet but not in the margin. The numbers can be placed on the right-hand side if the drawing extends too close to the middle of the top edge of the usable surface. The drawing sheet numbering must be clear and larger than the numbers used as reference characters to avoid confusion. The number of each sheet should be shown by two Arabic numerals placed on either side of an oblique line, with the first being the sheet number and the second being the total number of sheets of drawings, with no other marking.
The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. View numbers must be preceded by the abbreviation “FIG.” Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation “FIG.” must not appear.
Numbers and letters identifying the views must be simple and clear and must not be used in association with brackets, circles, or quotation marks. The view numbers must be larger than the numbers used for reference characters.
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]]>Information on drawing requirements is based substantially on 37 CFR § 1.84.
Black and white drawings are normally required. India ink, or its equivalent that secures black solid lines, must be used for drawings. For nonprovisional utility applications, the “sheets” of drawings should be contained in an electronic document in PDF format filed via EFS-Web together with the other application documents in PDF format. Drawings made by hand should be scanned into PDF format for filing via EFS-Web. The following margins are required:
- On 21.6 cm by 27.9 cm (8 1/2 by 11 inches) drawing sheets, each sheet must include a top margin of at least 2.5 cm (1 inch), a left-side margin of at least 2.5 cm (1 inch), a right-side margin of at least 1.5 cm (5/8 inch), and a bottom margin of at least 1 cm (3/8 inch) from the edges, thereby leaving a sight (the usable surface) no greater than 17.6 cm by 24.4 cm (6 15/16 by 9 5/8 inches).
On 21 cm by 29.7 cm (DIN size A4) drawing sheets, each sheet must include a top margin of at least 2.5 cm (1 inch), a left-side margin of at least 2.5 cm (1 inch), a right-side margin of at least 1.5 cm (5/8 inch), and a bottom margin of at least 1 cm (3/8 inch) from the edges, thereby leaving a sight no greater than 17 cm by 26.2 cm.
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]]>Drawings shall be executed in durable, black, sufficiently dense, and dark, uniformly thick, and well-defined, lines and strokes without colorings.
- Cross-sections shall be indicated by oblique hatching which should not impede the clear reading of the reference signs and leading lines.
- The scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-thirds would enable all details to be distinguished without difficulty.
- When, in exceptional cases, the scale is given on a drawing, it shall be represented graphically.
- All numbers, letters, and reference lines, appearing on the drawings, shall be simple and clear. Brackets, circles, or inverted commas shall not be used in association with numbers and letters.
- All lines in the drawings shall, ordinarily, be drawn with the aid of drafting instruments.
- Each element of each figure shall be in proper proportion to each of the other elements in the figure, except where the use of a different proportion is indispensable for the clarity of the figure.
- The height of the numbers and letters shall not be less than 0.32 cm. For the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used.
- The same sheet of drawings may contain several figures. Where figures on two or more sheets form in effect a single complete figure, the figures on the several sheets shall be so arranged that the complete figure can be assembled without concealing any part of any of the figures appearing on the various sheets.
- The different figures shall be arranged on a sheet or sheets without wasting space, preferably in an upright position, clearly separated from one another. Where the figures are not arranged in an upright position, they shall be presented sideways with the top of the figures at the left side of the sheet.
- (The different figures shall be numbered in Arabic numerals consecutively and independently of the numbering of the sheets.
- Reference signs not mentioned in the description shall not appear in the drawings, and vice versa.
- The same features, when denoted by reference signs, shall, throughout the international application, be denoted by the same signs.
- If the drawings contain many reference signs, it is strongly recommended to attach a separate sheet listing all reference signs and the features denoted by them.
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]]>The drawings shall not contain text matter, except a single word or words, when absolutely indispensable, such as “water,” “steam,” “open,” “closed,” “section on AB,” and, in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords indispensable for understanding.
Any words used shall be so placed that, if translated, they may be pasted over without interfering with any lines of the drawings.
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]]>On sheets containing drawings, the surface usable shall not exceed 26.2 cm x 17 cm. The sheets shall not contain frames around the usable or used surface.
The minimum margins shall be as follows:
Top: 2.5 Cm
Left Side: 2.5 Cm
Right Side: 1.5 Cm
Bottom: 1.0 Cm
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]]>The size of the sheets shall be A4 (29.7 cm x 21 cm). However, any receiving Office may accept international applications on sheets of other sizes provided that the record copy, as transmitted to the International Bureau, and, if the competent International Searching Authority so desires, the search copy, shall be of A4 size.
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]]>A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.
In discharging its patent-related duties, the United States Patent and Trademark Office (USPTO or Office) examines applications and grants patents on inventions when applicants are entitled to them. The patent law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. A design patent protects only the appearance of the article and not structural or utilitarian features. The principal statutes (United States Code) governing design patents are:
35 U.S.C. 171, 35 U.S.C. 172, 35 U.S.C. 173, 35 U.S.C. 102, 35 U.S.C. 103, 35 U.S.C. 112, 35 U.S.C. 132
The rules (Code of Federal Regulations) pertaining to the drawing disclosure of a design patent application are: 37 CFR § 1.84, 37 CFR § 1.152, 37 CFR § 1.121
The following additional rules have been referred to in this guide: 37 CFR § 1.3, 37 CFR § 1.63, 37 CFR § 1.76, 37 CFR § 1.153, 37 CFR § 1.154, 37 CFR § 1.155
A copy of these laws and rules is included at the end of this guide. The practice and procedures relating to design applications are set forth in chapter 1500 of the Manual of Patent Examining Procedure (MPEP). Inquiries relating to the sale of the MPEP should be directed to the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402.
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]]>The elements of a design patent application should include the following:
(a) Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;
(b) Cross-reference to related applications (unless included in the application data sheet).
(c) Statement regarding federally sponsored research or development.
(d) Description of the figure(s) of the drawing;
(e) Feature description;
(f) A single claim;
(g) Drawings or photographs;
(h) Executed oath or declaration.
In addition, the filing fee, search fee, and examination fee are also required. If applicant is a small entity, (an independent inventor, a small business concern, or a non-profit organization), these fees are reduced by half.
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]]>A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or appearance to the article not dictated by the function that it performs, the design lacks ornamentality and is not proper subject matter.
In addition, 35 U.S.C. 171 requires that a design to be patentable must be “original.” Clearly a design that simulates a well-known or naturally occurring object or person is not original as required by the statute. Furthermore, subject matter that could be considered offensive to any race, religion, sex, ethnic group, or nationality is not proper subject matter for a design patent application.
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