Specification - A Design Patent Has One Single Claim
Design patent applications can have only one claim. The claim defines the design which you want to patent and you can only patent one design at a time. The description of the article in the claim should be consistent with the title of the invention.- Example of a Title:
Eyeglasses
- Example of a Claim:
The ornamental design for eyeglasses, as shown and described.
Making The Drawings
B&W Drawings or Photographs
The drawing (disclosure) is the most important element of the design patent application.Every design patent application must include either a drawing or a photograph of the claimed design. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is very important that the drawing or photograph must be clear and complete, that nothing about your design is left to conjecture.
The design drawing or photograph must comply with the disclosure requirements of patent law 35 U.S.C. 112. This patent law requires you to fully reveal your invention.
To meet the requirements, the drawings or photographs must include a sufficient number of views to constitute a complete disclosure of the appearance of the design claimed.
Drawings are normally required to be in black ink on white paper. However, b&w photographs are permitted subject to Rule 1.84 Standards For Drawings. The rule states that you can use a photograph, if a photograph is better than an ink drawing to disclose your design. You must apply in writing for an exemption in order to use a photograph with your application.
Label Photographs
B&W photographs submitted on double weight photographic paper must have the drawing figure number entered on the face of the photograph. Photographs mounted on Bristol board may have the figure number shown in black ink on the Bristol board, proximate the corresponding photograph.
You Cannot Use Both
Photographs and drawings must not both be included in the same application. The introduction of both photographs and drawings in a design patent application would result in a high probability of inconsistencies between the corresponding elements on the ink drawings as compared with the photographs. Photographs submitted in lieu of ink drawings must not disclose environmental structure but must be limited to the claimed design itself.
Color Drawings or Photographs
The USPTO will accept color drawings or photographs in design patent applications only after you file a petition explaining why color is necessary.Any such petition must include an extra fee, a copy of the color drawings or photographs, and a B&W photocopy that accurately depicts the subject matter shown in the color drawings or photographs.
When you use color you must also include a written statement placed just before the description of the drawings that says "The file of this patent contains a least one drawing executed in color. Copies of this patent with color drawings will be provided by the United States Patent and Trademark Office upon request and payment of the necessary fee."
The Views
The drawings or photographs should contain a sufficient number of views to completely disclose the appearance of the claimed design, for example: front, rear, right and left sides, top and bottom.While not required, it is suggested that perspective views be submitted to clearly show the appearance and shape of three-dimensional designs. If a perspective view is submitted, the surfaces shown would normally not be required to be illustrated in other views if these surfaces are clearly understood and fully disclosed in the perspective.
Unneeded Views
Views that are merely duplicates of other views of the design or that are merely flat and include no ornamentality may be omitted from the drawing if the specification makes this explicitly clear. For example, if the left and right sides of a design are identical or a mirror image, a view should be provided of one side and a statement made in the drawing description that the other side is identical or a mirror image.If the bottom of the design is flat, a view of the bottom may be omitted if the figure descriptions include a statement that the bottom is flat and unornamented.
