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Design Patent

Shading, Broken Lines, The Oath, Fees

By , About.com Guide

Design Patent

Broken lines may be used to show environment and boundaries that form no part of the claimed design.

Using Surface Shading

The drawing should be provided with the right surface shading which shows clearly the character and contour of all surfaces of any three-dimensional aspects of the design.

Surface shading is also necessary to distinguish between any open and solid areas of the design. Solid black surface shading is not permitted except when used to represent the color black as well as color contrast. Lack of appropriate surface shading in the drawing as filed may render the shape and contour of the design nonenabling under patent law 35 U.S.C. 112. You must fully disclose your invention. See - Shading For Drawings

If the shape of the design is not fully disclosed when you file. Any additions of surface shading after the initial filing may be viewed as new matter. New matter is anything that is added to, or from, the claim, drawings or specification, that was neither shown nor suggested in the original application. The patent examiner will rule that your later additions are part of a new design rather than a missing piece of the original design. (see patent law 35 U.S.C. 132 and patent rule 37 CFR § 1.121)

Using Broken Lines

A broken line is understood to be for illustrative purposes only and forms no part of the claimed invented design. Structure that is not part of the claimed design, but is considered necessary to show the environment in which the design is used, may be represented in the drawing by broken lines. This includes any portion of an article in which the design is embodied or applied to that is not considered part of the claimed design. When the claim is directed to just surface ornamentation for an article, the article in which it is embodied must be shown in broken lines.

In general, when broken lines are used, they should not intrude upon or cross the solid lines of the claimed design and should not be heavier or darker than the lines used depicting the claimed design. Where a broken line showing of environmental structure must necessarily cross or intrude upon the representation of the claimed design and obscures a clear understanding of the design, such an illustration should be included as a separate figure in addition to the other figures which fully disclose the subject matter of the design. See - Broken Line Disclosure

The Oath or Declaration

The oath or declaration required of the applicant must comply with the requirements of patent rule 37 CFR §1.63.

Fees

In addition, the filing fee, search fee, and examination fee are also required. For a small entity, (an independent inventor, a small business concern, or a non-profit organization), these fees are reduced by half. As of 2005, the basic filing fee for a design patent for a small entity is $100, the search fee is $50, and the examination fee is $65. Other fees may apply, see USPTO Fees and use the Fee Transmittal Form.

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