Helpful Hints for Filing Design Patent Applications

How do you begin the design patent process?

Once your design is developed, visit your Patent Attorney to discuss the best way to show the design for the design patent.

How can you best protect your idea?

Priority in the U.S. is granted to the design that is filed first for the concept with the United States Patent and Trademark Office (“USPTO”). It is important to file your design, as soon as possible after it is developed. The experienced patent lawyers at Collard & Roe, P.C. will guide you to meet the United States Patent and Trademark Office (“USPTO”)’s requirements.

What should be included in the drawings?

The drawings filed must be clear and complete. The drawings should include sufficient views to represent the complete concept. The original drawings filed define the scope of the invention. In prosecution, you cannot add further detail. Multiple drawings are necessary to show for example, a perspective view of the invention, top view, bottom view, front view, rear view, right side view, and left side view. An experienced patent draftsperson or professional photographer is recommended to prepare the required views.

What requirements are there for Design Patent drawings?

Design patent drawings can be black and white drawings, color drawings, or photographs. Typically, black and white line drawings support a design patent application. The black and white line drawings should have solid clear black lines and include shading to create dimensionality. Black and white photographs are not recommended unless the photograph is the only means to illustrate the invention. Color drawings may be submitted, if the color is necessary to the novelty of the design. Color drawings require additional fees and an additional petition. It is recommended to use black and white drawings whenever possible.

How does protect only part of an article?

In some occasions to convey the design, other images are required to be included in the drawings to explain the image for which you do not seek protection. For example, if you have a design for a novel car headlight, a drawing will show part of the front of the car which is shown for explanation purposes and is not to be included in the patent protection. Parts of images for which you are not seeking protection can be represented with broken lines.

How does one minimize costs in filing for design patents?

It is best to work with an experienced Patent Attorney, such as the lawyers at Collard & Roe, P.C., who will guide you to file a complete design patent application, and who are well-versed in the complex nuances of USPTO drawing requirements. The attention to detail in the preparation of an application will help streamline the prosecution timeline and thereby reduce prosecution costs. 

Call the attorneys at Collard & Roe, P.C. at 516-365-9802 or contact us online to schedule a consultation regarding design patents.