General – Invention patent Drawings / illutrations https://invention-patent-drawings.com Quality patent drawings / illustrations / design patent drawings at affordable cost Wed, 03 Jun 2020 14:49:22 +0000 en-US hourly 1 https://invention-patent-drawings.com/wp-content/uploads/2018/04/cropped-favicon-50x50.jpg General – Invention patent Drawings / illutrations https://invention-patent-drawings.com 32 32 How much does Mexico design patent application cost https://invention-patent-drawings.com/mexico-design-patent-cost/ Wed, 03 Jun 2020 14:44:38 +0000 https://invention-patent-drawings.com/?p=12914 This article is co- authored by Mr.JOSE IVAN VILLALOBOS AGUIRRE who is Intellectual Property Counsel at BC&B Business & Law firm in Mexico with 8+ years of experience in IP assisting in patent Prosecution plant varieties, trademarks and copyrights matters to international stakeholders. Bachelor’s Degree in Biochemical Engineering and expertise in industry in polymer research, […]

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Mexico patent Attorney

This article is co- authored by Mr.JOSE IVAN VILLALOBOS AGUIRRE who is Intellectual Property Counsel at BC&B Business & Law firm in Mexico with 8+ years of experience in IP assisting in patent

Prosecution plant varieties, trademarks and copyrights matters to international stakeholders. Bachelor’s Degree in Biochemical Engineering and expertise in industry in polymer research, filtration systems and product management mainly. You can contact him at jvillalobos@bcb.com.mx

linkedin.com/in/jose-ivan-villalobos-aguirre-a498058b

What is design patent which is known as Industrial Design in Mexico

Design patent protects “how it looks” than “how it works”. If you product attracts clients or buyers based on looks than how it work then you should consider filing Industrial design. In some inventions both design and utility is important, in such cases you should file for both Utility patent application and Industrial design.

If your invention or product is related to ergonomic shape of shoe which also provides better grip then you should file Industrial Design on Ergonomic shape and you should file Utility application on better grip achieved using such design.

There are two types of Industrial designs that are allowed in Mexico

2D Designs Industrial designs, which are any combination of shapes, lines or colors incorporated in an industrial product for ornamentation purposes and which give it a specific appearance of its own; and

3D industrial designs constituted by any three-dimensional shape that serves as a model or pattern for the manufacture of an industrial product, giving it a special appearance that does not involve any technical effects.

Where to Apply

The Mexican Institute of Industrial Property (IMPI) is the decentralized agency responsible for the administration and registration of patents, trademarks, utility models and industrial designs. IMPI recognizes ornamental aspects of Invention and protects it as Industrial Design (ID) which is similar to Design patents in the US. Applications for patents, trademarks and industrial designs can be filed electronically through the IMPI website (in Spanish language only and having an electronic signature linked with a Unique Population Registry Code (CURP)). https://www.gob.mx/impi/

Mexico is part of the Paris Convention for the Protection of Industrial Property and the Locarno Agreement that establishes an International Classification for Industrial Designs. On 6 September 2019 the Mexican Senate approved the accession of Mexico to the Geneva Act 1999 of the Hague Agreement Concerning the International Registration of Industrial Designs, just last March 2020 deposited its accession instrument before WIPO’s Director, and this June 06, 2020 will enter into force becoming the 64th member of the 1999 Act and 74th member of the Hague Union.

Term of Industrial Designs

The term of protection for an industrial design is 5 years from the date of filing. The protection may be renewed every 5 years for a maximum of 25 years from the filing date, as long as applicable fees are paid based on article 36 as amended in 2018:

Article 36. The registration of industrial designs shall have a term of 5 years, starting from the filing date of the application, renewable for successive periods of the same duration until a maximum of twenty five years, subject to the payment of the renewal fee.

The industrial design registrations and their renewals will be published in the Gazette.

The use of industrial designs and the limitation of the rights conferred on the holder as a result of their registration shall, where appropriate, be governed by the provisions of Articles 22 and 25 of this Law.”

In Mexico, there was an important reform in 2018 affecting, among other concepts, the protection term of industrial designs extending it until 25 years instead of the 15 former years. However, Industrial Designs granted before the reform of 2018 which will keep the 15 years of protection subjected to payment of annuities instead of renewals  can also be extended to 25 years by requesting extension which must be filed at least 6 months prior the expiration of 15 years.

From the above, such reform made a watershed in the maintenance of designs in Mexico, where firms and applicants have to manage both types of granted designs in different manners: designs under old law with 15 years of protection are subjected to payments of annuities calculate it from the grant date while the designs granted under the new law must pay renewals every 5 years but counted from the filing date. Moreover, the old law designs when granted used two different official fees concepts: Certificate issuance fees and the first annuities fees, while the new law has gathered the grant fees payment into a solely fee concept which includes the first five years of validity.

Line Drawings or Photographs

The drawings are the most important element of Industrial design application. Every Industrial design application must include either graphic (line drawing) or photographic reproduction of the design. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and complete. In practice most of the industrial designs are filed with formal line drawings than photographs. There is no restriction on number of views that should be provided so applicant can provided as many views as required to sufficiently disclose. It is also required to indicate type of product for which the design will be used.

Furthermore, it is of importance to take into account that the reform 2018 restricts the title of the design in which it is a new requirement of law to indicate the product to which the design is conceived based on the Article 33 fraction II which recites: “To the industrial design applications will be annexed: II.-The indication of the product for which the design will be used”, i.e. if the design is a gasket, it must be indicated in the title what product is the gasket for, i.e. for a car wheel, or bicycle wheel, etc.

Time Involved

In 2019 the Mexican Institute (IMPI) enable the full online platform for Industrial designs only with which prosecution time has significantly reduced to around 1 Year or even less.

Cost Involved

When planning to file a design in Mexico, the following costs should be taken into account: number of pages of your application (Specification, claim and drawings) since the base filing fee is bounded up to 30 pages of application. Thus, there is an excess page fee if your application is more than 30 pages.

The cost for claiming a priority in case that the design has been deposited earlier in another country.

Costs relative during substantive examination for filing responses within the timeframe of two months after notification date and the possibility of an extension period of two additional months but involving extension fees.

Costs for grant fees to obtaining the grant status by responding the notice of allowance. Such fees include the Certificate issuance fees and the first five years of validity in one single tariff.

Maintenance costs which for new designs are based in 5-years renewals, fee associated for every renewal is $172.50 per renewal if you are small entity or $135 if you are other than small entity.

IMPI will extend 50% discount on some Official fee for Small entities, universities and independent designers if they are not associated with large companies either through license or assignment. In order to claim this discount you have to furnish declaration that applicant is small entity. It is important to notice IMPI for a change of status entity if it takes place during prosecution.

Cost of Patent drawings for Design Patent

Getting professional patent drawings is significant cost involved in Industrial Design, it varies from Illustrator to Illustrator based on complexity, turn around, quality etc with us it will cost you between USD 40 to USD 55 per view.

Once patent drawings are done then you can file application with the help of Patent Attorney in Mexico. If you go through patent attorney then his/her charges are involved which will vary from Attorney to Attorney which can range from 500-1,000 USD for the service of filing only.

Government Costs of a Design Patent Application

 

Small entity Normal
Design Patent Filing Fee (up to 30 pages of application) $ 58.00 $116.00
Design Search Fee N/A, pay as Normal $   41.00
Design Examination Fee $ 18.51 per OA substantive response fee $ 37.02 per OA substantive response fee
Post-Allowance Fees $172.50 per renewal $345.00 per renewal

Mr.Ivan has worked on many Industrial design, one example is ID55257 , some drawings used in this Industrial design is given below.

Design patent example Mexico

Design patent example Mexico

Design patent example Mexico

Conclusion

You will get Industrial design for 5 years from filing date which can be renewed every 5 years by paying the post-allowance fee up to 25 years. You can submit professional drawings or color photographs. Total costs involved for Small Company will be around $ 980 USD for the life term of the design. These costs are patent office related costs but you may have to spend more to get help of Patent Attorney to file application.

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File Design Patent on Your Own https://invention-patent-drawings.com/do-it-yourself-design-patent/ Sun, 31 May 2020 17:22:07 +0000 https://invention-patent-drawings.com/?p=12907 1          Introduction Patent is an important tool to protect the interests of the inventors from infringement, theft or copying. Patenting process differs from country to country. Most of the big enterprises use the services of the expert organizations to file patent applications for their inventions and manage their patent’s maintenance. Individual Inventors or small companies […]

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1          Introduction

Patent is an important tool to protect the interests of the inventors from infringement, theft or copying. Patenting process differs from country to country. Most of the big enterprises use the services of the expert organizations to file patent applications for their inventions and manage their patent’s maintenance. Individual Inventors or small companies may not have enough resources to hire experts to file on their behalf, in such case you can file your design patent application yourself. This article provide guidance in filing the application for design patents yourself.

2          Design Patent

Do It Your self Design patent

Design is defined as the virtual ornamental characteristics embodied in, or applied to an article of manufacture (USPTO). The design is embodied in the shape or appearance of an article. A tumbler can have many shapes and appearances as shown in Fig.1.

Each tumbler has its own design which is different from the others. The design of the tumblers will differ in its quality, shape, appearance, and pattern. Depending upon the type of customers, a manufacturer of tumbler may choose a design for the tumbler that meets the needs of the intended customers.

The shape and appearance of the tumbler is part of the tumbler itself, and cannot be separated out from the tumbler. The tumbler is used for serving water and therefore has an industrial value. The inventor can apply for               the design patent for the shape and appearance of the tumbler and also the utility patent for the tumbler itself or for both: the design patent and the utility patent.

3          Are patent drawings essential for the design patent?

Drawings are essential part of the patent application for the disclosure of the design, which must be new, original, and ornamental. In fact, enclosing the drawings in sufficient number with the application for the design patent is more important in comparison to attaching drawings for a utility patent. Drawings act as mean to disclose the ornamentation  and appearance of the article as part of the application for the design patent .

4          What are the specific requirements for patent drawings?

Patent drawings have certain essential features, which in the case of US, are necessary to comply with the requirements of 35 U.S.C. 112. Some of the features include the following:

Sufficient number of views

According to 35 U.S.C. 112, sufficient number of views of the invention should be enclosed with the patent-application so that there is complete disclosure of the appearance of the design claimed. The views may include front, rear, and left sides, top and bottom views to disclose the design of the article completely. If the right and left view are same as in the case of tumbler in Fig.1, only one view is required to be included. Similarly, if the bottom is flat as in the case of the tumbler in Fig.1, the bottom view should not be included. If a sectional view represent the shape or appearance better, then it will be essential to include the sectional view. But, in case, the sectional view represents the functional aspects not forming part of the claimed design, such a view should not be included as part of the patent application.

  • Show the contours of the three dimensional surfaces by shading

USPTO rules direct the use of appropriate shading in the drawings to show the contour of the three dimensional surfaces of the articles. Making a choice between the line and the strip and the way the light should come from the upper left has been explained (USPTO). It is important to note that if the shape of the design is not clearly presented by the disclosure as filed, addition of shading after filing is considered as a new matter. Anything that is added to, or from, the claim, drawings or specifications is a new matter that was not shown at the time of original application (35U.S.C 132 and 37 CFR § 1.121).

  • Solid black surface shading

Solid black surface shading is used to represent the color black as well as color contrast only, otherwise it is not permitted.

  • Use of broken or dashed line in the design

Use of broken or dashed line indicates that the design elements are not included in the patent. It is used for the purpose of illustration only. Structure considered necessary to show the environment in which the design is used, may be represented in the drawing by broken lines.

  • Use of exploded views

Exploded views are used to display element hidden from view.

  • Avoid inconsistency in the drawing

According to USPTO, there should not be inconsistency in the patent drawings. The patent application will be rejected, if inconsistency is noticed in the two views of an article.

  • Do not combine photographs and ink drawing

Combining photographs and drawing is not allowed.

Photographs

Photographs used in place of ink drawings should disclose design claimed for the article and should not disclose the environmental structure (37 CFR 1,152)

Inventors filing design patent application in the US should take every precaution to ensure that the patent application comply with the rules and regulations of the USPTO. For more details refer to our article at https://invention-patent-drawings.com/successful-patent-drawings-for-design-patents/ .

What type of errors are frequently found in drawings for design patent?

In spite of the fact that USPTO has clearly made the rule and regulations about the drawings for the design patent, inventors frequently make mistakes in the drawings submitted for patenting the design. Usually, there are three reasons commonly found in the drawings for design patents: Inconsistency, Non-enablement, and Ambiguity.

Inconsistency

At times, drawings are not prepared correctly by not taking care of the minute details and may show different dimensions for the article in two views. The inconsistency in the two views does not tell as to what exactly is intended to be patented. Such a drawing is not acceptable according to USPTO rules and regulations. In some cases, it may be good luck for the inventor that the inconsistency in the drawing is not noticed by the patent examiner and the patent is granted. But, in case, the inconsistency is challenged at a later stage and matter is taken to the court of law through a law-suit, the patent granted may be lost forever. The example of Yummie Tummie is an eye-opener in which  Yummie Tummie, the owner of US Design Patent 666,384; lost the patent to Spanx. Spank challenged the grant of patent to Yummie Tummie  claiming that the design was a copy of their protected design. Yummie Tummie sued in Federal court, but the patent was thrown out because the height of the material that was shown in a side view was inconsistent with the height of the material shown in a back view. The court held it was a “fatal inconsistency” and held that the patent was not valid. You can refer to this case in detail at https://invention-patent-drawings.com/avoiding-common-errors-in-drawings-for-design-patents/

Non-enablement

The disclosure of the design in the patent drawings should enable someone “skilled-in-the-art” to build the object. This is one of the requirements of the design-patent drawings.  Some of the drawings submitted for the grant of patent in the past have not passed this qualifying statement and go in the category of Non-enablement of drawings. The error made in preparing the drawings missing this requirement is important. Only expert in making design-patent drawings can meet this requirement. It is strongly recommended to take help of an expert to avoid wastage of time and money.

Ambiguity

In some of the drawings, one view attached with design patent application may not show all the details of the design. In order to disclose the design completely, more numbers of drawing can meet this requirement. Drawings, which do not support adequately the design patent are not complete and therefore rejected due to error.

For more details about the frequent errors in the drawings for the design-patent, see the link  https://invention-patent-drawings.com/avoiding-common-errors-in-drawings-for-design-patents/.

Consequences of submitting drawings with errors

The result of submitting drawings with such drawbacks is either return or rejection of the design-patent-application. The loss in terms of time lost and the money spent in re-submission of the drawings is huge and at times may discourage the inventor to pursue the patent application. All the efforts made in developing the invention will go waste.

The way out.

One of the way outs to overcome this problem is to avoid the errors in the drawings by enclosing enough number of drawings to disclose full details of the design. The number of such drawings showing all the required details correctly can be obtained with the help of an expert and preferably through an expert agency in the field.

What are advantages of hiring an expert agency to make drawings for  design patent?

Expert agency in making drawings for the design patent have the knowledge, know-how and the latest tools for making the drawings of high quality complying to the rules and regulations of USPTO. They have the excess to latest soft wares and computers facilities. They are familiar with the directions, rules and regulations, and standards for preparing the correct drawing disclosing the design fully and adequately. The time taken by such agencies is much shorter and the results obtained are of high quality. The service charges of the expert service provider are very nominal for the purpose. If any issue is raised by the patent examiner, the service provider handles them easily and quickly. The chances of success in obtaining the desired patent for the design are extremely high.

Once you have high quality patent drawings with you then you can file design patent application yourself by going to USPTO here and choosing as unregistered E-filer. If you want to know US design patent cost then please refer to https://invention-patent-drawings.com/us-design-patent-cost/

For any clarifications or assistance in filing your design patent application please contact Invention Patent Drawings by filing below form.

 

 

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How much does a US design patent application cost https://invention-patent-drawings.com/us-design-patent-cost/ Sat, 23 May 2020 12:41:41 +0000 https://invention-patent-drawings.com/?p=12896 How much does a US design patent application cost What is design patent Design patent protects “how it looks” than “how it works”. If you product attracts clients or buyers based on looks than how it work then you should consider filing design patent. In some inventions both design and utility is important, in such […]

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How much does a US design patent application cost

What is design patent

Design patent protects “how it looks” than “how it works”. If you product attracts clients or buyers based on looks than how it work then you should consider filing design patent. In some inventions both design and utility is important, in such cases you should file for both Utility patent application and design patent application.

If your invention or product is related to ergonomic shape of shoe which also provides better grip then you should file Design patent on Ergonomic shape and you should file Utility application on better grip is achieved using such design.

Drawings or Black and White Photographs

The drawings are the most important element of design patent application. Every design patent application must include either a drawing or a black and white photograph. As the drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and complete, that nothing regarding the design sought to be patented is left. The design drawing or photograph must comply with the disclosure requirements of 35 U.S.C. 112, first paragraph. To meet the requirements of 35 U.S.C. 112, the drawings or photographs must include a sufficient number of views to constitute a complete disclosure of the appearance of the design claimed.

 

Color Drawings or Color Photographs

USPTO accepts color drawings or photographs in design patent applications only after the granting of a petition filed under 37 CFR §1.84(a)(2), explaining why the color drawings or photographs are necessary. Any such petition must include the fee set forth in 37 CFR § 1.17(h), three sets of color drawings or photographs, and the specification must contain the following language before the description of the drawings:

“The patent or application file contains a least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.”

 

Core of design patent application

Unlike Utility patent application where lot is written to describe invention, In Design patent application you have to show a lot with the help of professional drawings. Have a look at granted design patent USD770745S1 , below drawings are from this patent. We have not worked on this patent but we are giving this for your understanding. What is written in the granted patent is also given below.

Description

FIG. 1 is a perspective view of a non-slip shoe cover with reinforced grip showing my new design;

FIG. 2 is a front elevation view thereof;

FIG. 3 is a rear elevation view thereof;

FIG. 4 is a left side elevation view thereof;

FIG. 5 is a right side elevation view thereof;

FIG. 6 is a top plan view thereof; and,

FIG. 7 is a bottom plan view thereof.

CLAIM

  1. The ornamental design for a non-slip shoe cover with reinforced grip, as shown and described.

 

Design patent Example shoe

Design patent Example shoe1

Design patent Example shoe2

From above example it is clear that what you will write in design patent is minimal but what you have to show to get granted design patent is much more. You can refer to successful patent drawings for design patent and Avoiding common errors in design patent drawings and patent drawing rules. Drawing in design patent should be done professionally to show all views required with shading, achieving consistency.

Cost of Patent drawings for Design Patent

Getting professional patent drawings is significant cost involved in Design patent, it varies from Illustrator to Illustrator based on complexity, turn around, quality etc with us it will cost you between USD 40 to USD 55 per view.

Once patent drawings are done then you can file application yourself at USPTO or you can take help of Patent Attorney. If you go through patent attorney then his/her charges are involved which will again vary from Attorney to Attorney which can range from USD 750 to USD 3000.

Filing Costs of Design Patent Application

 

Micro Medium Large
Design Patent Filing Fee $50 $100 $200
Design Search Fee $40 $80 $160
Design Examination Fee $150 $300 $600
Post-Allowance Fees $175 $350 $700
Total $415 $830 $1660

 

You can file design patent application yourself by going to USPTO here and choosing as unregistered E-filer.

Conclusion

Professionally done patent drawings are critical to get Design patent granted, if you require professional help for your Design patent drawings at USD 40 to USD 55 then write to us by filling below form.

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Design Patent Protection and Term of Protection in Different Countries https://invention-patent-drawings.com/design-patent-protection-and-term-of-protection-in-different-countries/ Wed, 20 May 2020 16:32:49 +0000 https://invention-patent-drawings.com/?p=12887 Design Patent Protection and Period of Protection in Different Countries 1          Introduction Out of the four types of intellectual properties (IPs): Patent, trade secrets or know-how, trademarks and copyrights, patent has been one of the most important property right which gives protection to the inventors for their innovation. Patenting system came into existence to promote […]

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Design Patent Protection and Period of Protection in Different Countries

1          Introduction

Out of the four types of intellectual properties (IPs): Patent, trade secrets or know-how, trademarks and copyrights, patent has been one of the most important property right which gives protection to the inventors for their innovation. Patenting system came into existence to promote innovation. Patent owner has the right to stop others from using his/her invention for the period, the patent has been granted by patenting authority of the country or the international patenting authority as the case may be. Each country has its own patenting authority. In the United States, U.S. Patent and Trademark Office (USPTO) grants and manages the various issues regarding patenting and their protection. There are three patent categories that include plant patents, design patents, and utility patents. The focus of this paper is on design patent.

2          What is Design Patent

USPTO has defined a design as “the visual ornamental characteristics embodied in, or applied to, an article of manufacture”. It further explains that as a design is manifested in appearance, the 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. It is important to note that a design for surface ornamentation cannot be separated from the article to which it is applied, and therefore, cannot exist alone. In other words, a design must be a definite pattern of surface ornamentation, applied to an article of manufacture. A design patent is granted to any person who is the inventor of a new, original and ornamental design for an article of manufacture.

3          The scope of protection provided by the design patent

The important point to understand about the design patent is that it provides protection only for the appearance of the article. It does not protect the structural and the utilitarian features of the product. For example, in case of an ornamental LED luminaire (A table lamp) (Figure is given below), the design patent could be taken for the ornamental shape or appearance of the table lamp only and not for its functional aspects.

4          USPTO’s Codes governing the design patents

Seven codes have been laid down by the USPTO to govern the design patents that include 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, and 35 U.S.C. 132. In addition to this, the rule pertaining to the drawings to disclose the design patent are covered by Code of Federal Regulations 37 CFR § 1.84, 37 CFR § 1.152, and 37 CFR § 1.121.

LED Design Patent
Figure: UltraBrite LED luminaire, Input 12 V, 3.0 amperes

Source: UltraBrite, manufactured in China, distributed by PAR INTEK, America, Inc.

5 Design Patent VS Utility patent

The difference between the design and the utility patent is important one to understand. The design patent is about the appearance and how the article is seen (35 U.S.C. 171) but the utility patent is about the functionality and the use of the article ( 35 U.S.C. 101). Patents for the both can be taken on the same article if both features are available in the article. Utility and ornamentally of an article are not easy to separate even though legally the two different patents can be obtained for the design patent and utility patent as the product can contain both the characteristics: the ornamental characteristic as well as the functional characteristic. Attached figure of the decorative LED table lamp has unique attractive shape, contours and color to obtain design patent and at the same time it has some unique features, such as portability, small base to occupy small floor area, white light, adjustable 4 levels of illumination, and ventilation facility. These unique features enhance the functionality and the usability of the table lamp. The manufactured article (the table lamp) has features fit for the design patent as well as for the utility patent.

Under Section 35 U.S.C. 171, a design patent cannot be obtained for an article of manufacture that is primarily dictated by the functions at the time of manufacture and lacks the ornamentally of the article and there is no unique or distinguishing feature like shape or appearance. In addition the design of the article should be “Original”.

6          How to get Design Patent and Design Patent Term in various countries

The government in each country establishes patent granting authority, who receives patent applications for grant of patents for innovation made by the inventors.

World Intellectual Property Organization (WIPO) with 90 countries as member under the umbrella of ‘The Hague System of International Registration of Industrial Designs’ provide single window facility for international registration for the design patents. See https://www.wipo.int/hague/en/ for more information and the list of member countries. Under the ‘The Hague System of International Registration of Industrial Designs’, one single application is to be filed to get the patent in as many countries as an applicant desires. Payment of fee is to be made only at one window directly to the International Bureau (WIPO). See https://www.wipo.int/hague/en/faqs.html.

Similarly, 40 member countries in European Union (EU) as per the EPO convention can obtain Registered Community Design (RCD) from EUIPO after an applicant has first registered the design patent application in his/her country for obtaining national design registration. See for more information https://euipo.europa.eu/ohimportal/en/what-we-do.

Different countries have their own patenting process and norms for granting patents. The protection period for the design patents vary from country to country Information about the patenting authorities, patent law and the protection periods about select countries are given below.  The countries are selected  on random basis with an attempt to cover different regions in the world.

6.1       The United States of America (USA) Design Patent and Term                                                                                                                                 

6.1.1    Name of the organization granting patents in USA: United States Patent and Trademark Office (USPTO)

6.1.2    Patent Law: United States Code

6.1.3    Design Patent protection period: The design patent protection prior to 13 May,2015 was for a period of 14 years. However, after 13 May, 3015, a new design patent has a life of 15 years from the date application filing, assuming it issues.

6.1.4    Accepted mode of drawings: A patent application should be accompanied with either a drawing or a black and white photograph of the claimed design. The disclosure requirements as specified in 35 U.S.C. 112, should be complied by the attached drawings or photograph in sufficient number of views to provide full disclosure of the appearance of the design. Drawings are to be drawn in black ink on a white paper meeting the requirements of 37 CFR §1.84(b)(1) and §1.152..

6.2       The United Kingdom (UK) Design Patent and Term

6.2.1    Name of the organization granting patents in UK: UK Intellectual Property Office (IPO) or  The European Patent Office if the application is filed under European Patent Convention.

6.2.2    Patent law: Patent Act 2004

6.2.3    Design patent protection period: Patentee can protect the design and has the right to prevent others from using it for up to 25 years, provided the registered design is renewed every 5 years by paying the registration fee.

6.2.4    Accepted mode of drawings: Design drawings should include line drawings, computer-aided design (CAD) or rendered CAD or photographs that present the design as it appears. The drawing should be drawn on a plain background without hiding any details by shadows or reflections. Either all drawings or all photographs should be used. Combination of both should not be used. If it is desired to show a pattern, then complete pattern should be shown to display complete pattern. There should not be more than 12 illustrations. In case of applying for design patent online, use one file per page. If sending the application by post, the drawings should be on plain A4 paper. In case, there is need to send more than 12 drawings to illustrate the invention, the drawings should be sent by post.

6.3       Spain Design Patent and Term

6.3.1    Name of the organization granting patents in Spain: The Spanish Patents and Trademark Office (SPTO)

6.3.2    Patent law: Spanish Intellectual Property Law

6.3.3    Design patent protection period: 5 years from the date of filing, renewable for further 5 year periods up to a maximum of 25 years. Additionally, community designs are protected in the European Union (EU). Community   design system is recognized throughout the EU, via a dual system of protection: registered and unregistered designs. Registration for community design is granted for 5 years from the date of filing, renewable for further 5 year periods up to a maximum of 25 years. Unregistered community designs are acquired automatically without the need of filing, simply by disclosing the products to which the design is applied. The protection for unregistered design is for a period of three years from the date the design was first made available to the public within the EU (Garrigues iCEX, 2019).

6.4       Sweden Design Patent and Term

6.4.1    Name of the organization granting patents in Sweden: The Swedish Patent and Registration office.

6.4.2    Patent law: Design Protection Act

6.4.3    Design patent protection period: Protection is valid for maximum 25 years for registered Community designs. Unregistered designs has protection for 3 years from the date the design was made public

6.5       Germany Design Patent and Term

6.5.1    Name of the organization granting patents in Germany: The German Patent and Trademark Office.

6.5.2    Patent law: Act on the Legal Protection of Designs (Designgesetz, DesignG)

6.5.3    Design patent protection period:  Protection for a registered design lasts up to 25 years maximum from the filing date.

6.6       France Design Patent and Term

6.6.1    Name of the organization granting patents in France: National Institute of Industrial Property.

6.6.2    Patent law:

6.6.3    Design patent protection period: Period of protection of an industrial design is five years from the filing date, extendable four times up to 25 years.

6.7       Russia Design Patent and Term

6.7.1    Name of the organization granting patents in Russia: you can apply at Russian Patent and Trademark Office (Rospatent) for national patent.

6.7.2    Patent law: Russian Patent Laws (Art.1340, 3, Civil Code)

6.7.3    Design patent protection period: Five-year period from the filing date. The patent  can be renewed for further five-year periods on payment of a renewal fee up to a maximum of 25 years from the date of filing. Alternatively, a regional Eurasian patent application is made, designating Russia, with the Eurasian Patent Office, which is alternative to the filing of a national Russian patent application with the Russian Patent Office. In case of filing of the patent with EU, the effective terms of the exclusive right to an industrial design is 15 years from the date of filing extendable up to 10 years (EU, 2010).

6.8       The Netherland Design Patent and Term

6.8.1    Name of the organization granting patents in the Netherlands: The Netherlands Patent Office, a department of the Netherlands Enterprise Agency.

6.8.2    Patent law: The Dutch intellectual property laws.

6.8.3    Benelux design, via the Benelux Office for Intellectual   Property (BOIP). Period of protection is for 5 years, which can be extended 4 times for a period of 5 years each and up to a maximum of 25 years.

6.8.3.2 Community Design, via the European Intellectual Property Office (EUIP) in Alicante, Spain This offers exclusive protection throughout the entire European Union. Protection is provided for a maximum of 25 years; the rights must be renewed every 5 years.

6.9       Italy Design Patent and Term

6.9.1    Name of the organization granting patents in Italy: Italian Patent and Trademark Office or The European Patent Office if the application is filed under European Patent Convention.

6.9.2    Patent law: Intellectual property laws of Italy.

6.9.3    Design patent protection period: The industrial design patent in Italy is valid for five years from the date of filing and may be further renewed for one or more periods of five years each up to a total term of 25 years from the date of filing (IPcoster, Italy).

6.10     Norway Design Patent and Term

6.10.1  Name of the organization granting patents in Norway: Norwegian Industrial Property Office.

6.10.2  Patent law: Norwegian design act

6.10.3  Design patent protection period: 5 years from the date of application made and can be renewed for further 5 years up to a total maximum period of 25 years. Each period shall run at the end of the previous period.

6.11     Japan Design Patent and Term

6.11.1  Name of the organization granting patents in : Japan Patent Office.

6.11.2  Patent law: Japanese design act.

6.11.3  Design patent protection period: 25 years from the date of application.

6.12     Australia Design Patent and Term

6.12.1  Name of the organization granting patents in Australia: IP Australia

6.12.2  Patent law: Design Act 2003, updated up to 27 February 2020.

6.12.3  Design patent protection period: design registration lasts for 10 years.

6.13     Nigeria Design Patent and Term

6.13.1  Name of the organization granting patents in Nigeria at nigeria-law

6.13.2  Patent law: Patents and Designs Act, Chapter344, Laws of the Federation of Nigeria 1990.

6.13.3  Design patent protection period: Registration of an industrial design-
(a) shall be effective in the first instance for five years from the date of the application for registration; and
(b) on payment of the prescribed fee may be renewed for two further consecutive periods of five years.

6.14     Philippines Design Patent and Term

6.14.1  Name of the organization granting patents in the Philippines: Philippine Intellectual Property Office (IPO).

6.14.2  Patent law: Republic Act No. 8942, also known as the Intellectual Property Code of the Philippines

6.14.3  Design patent protection period: Industrial design patent for five (5) years from filing date of the application and may be renewed for not more than two (2) consecutive periods of five (5) year each.

6.15     China Design Patent and Term

6.15.1  Name of the organization granting patents in China: The Patent Office of the People’s Republic of China

6.15.2  Patent law: Patent Law of the People’s Republic of China

6.15.3  Design patent protection period: patent right for designs shall be ten years, counted from the date of filing.

7          Conclusion

Each country has its own patent authority. Application for international design patent can be made via the World Intellectual Property Organization (WIPO) from a single window service facility. Similarly, in European Union (EU), member countries can register for RCD within one year of national registration for design patent in his/her own country.  The period of patent protection varies from country to country and ranges between 10 years to 25 years. Similarly, the design patent drawings have different requirements in different countries. Since consistency is very critical in getting Design patent and stand in court of law if required it is always advisable to take help of expert of patent drawing firms to get consistent views. It is ok to make your own drawings for utility patent application but not advisable for design patent application unless your expert in drawings as well as rules of patent office in which you intend to file.

If you want to get help from us who are experts in doing design patent drawing at affordable cost say USD 35 to USD 55 depending on complexity, please contact us by filling below contact Form.

Reference

Community designs – PVR – Sweden

Design Act Patentstyret – Norway

Design IPR- Spain 06-Propiedad-industrial-e-intelectual.

Design Patent Application Guide _USPTO

Designs Act 2003 Australia

  1. 2010. Booklet: Patent System In Russia. Publication of European Union. 1-20.

https://euipo.europa.eu/ohimportal/en/what-we-do

Intellectual Property Protection in the Philippines

IPcoster Italy. Industrial design registration in Italy. https://www.ip-coster.com/IPGuides/industrial-design-italy

MOJCP and FOJ. 2017. Act on the Legal Protection of Designs. Published by Ministry of Justice and Consumer Protection and Federal Office of Justice. 1-28. www.gesetze-im-internet.de.

Patent Law of the People’s Republic of China – China &Trademark Office

Patents and Desct, Chapter 344, Laws of the Federation of Nigeria 1990

Patents_ Manual of Patent Practice – GOV.UK

RS=xZjm4Vfhk8J2nHarGOrIFuW0yBU-Japanese link

UltraBrite, manufactured in China, distributed by PAR INTEK, America, Inc.

wipo.int/hague/en/

wipo.int/hague/en/faqs.html

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Patent Lawyers, Patent Filings, and a Pandemic https://invention-patent-drawings.com/patent-lawyers-patent-filings-and-a-pandemic/ Wed, 13 May 2020 17:16:31 +0000 https://invention-patent-drawings.com/?p=12880 A slow time in the economy is a good time to prepare for when things turn around. Patent lawyers should maintain customer relations, this strategically, and upgrade processes.

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The novel coronavirus is causing economic disruption unseen since the Great Depression of the 1930s. The unemployment figures in the US are an order of magnitude worse than they were during the recession of 2007-2008.

Some businesses are actually thriving despite COVID-19 (Amazon, grocery stores). Other businesses are shuttered (restaurants, live music venues). But almost every business is impacted in one way or another, even ones that normally think of themselves as “recession proof.”

IP research firm Patexia estimates that the global economic slowdown could result in 2-4% fewer patent filings in 2020 and 2021.

What’s a patent lawyer to do to try and weather this storm?

Customer Relations

Maintaining good customer relations should be a priority. Your clients are real people, who may be facing tremendous challenges in their personal life. Checking in with them, which lets them know you care about them as people, not just as a source of revenue, can help strengthen those relationships.

Encourage Strategic Thinking

Every business may be worried about conserving cash right now as there is a great deal of uncertainty surrounding how long the coronavirus crisis is going to last and how long it’s going to take for the economy to recover. But in business school they teach that a down time in the economy is an excellent time to invest in things that will pay benefits when the economy comes back. Increase your market share when it takes a smaller investment – in a down economy – and it’ll be easier to keep that market share and grow faster when the economy rebounds.

Many companies may be too busy during normal times to spend a lot of time thinking about their patent portfolio. This can be a good time to encourage your clients to step back and take a look at their overall patent strategy. Are there some patents they can file that would strengthen their position relative to their competitors? In a time when clients are concerned about cash, it can also be worthwhile to look through the portfolio and find patents that are weak or that have little commercial value which the client may wish to consider abandoning rather than continuing to pay maintenance fees to the patent office.

Improve Your Processes

It’s also good for you to look at your own operation in a strategic way. Are there ways you can streamline processes, or upgrade your tools to improve your own efficiency? Are you working with the right vendors on the support side?

One area to consider is patent drawings. If you’re paying more than $30-$45 per drawing, you may be paying too much. We charge well under $45, you can try us by filling details in below form.

Conclusion

Successful businesses make thinking about and planning for “the day after” an integral part of their strategy for getting through an economic downturn. This is an excellent time to think strategically, improve your business processes and tools, and reach out to existing and new clients so that you’ll be positioned to enjoy even greater growth when the economy comes back.

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Do provisional patent application require drawings? https://invention-patent-drawings.com/do-provisional-patent-application-require-drawings/ Thu, 23 Apr 2020 15:35:55 +0000 https://invention-patent-drawings.com/?p=12869  

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Introduction

Protection of invention through patenting assumes even higher importance in a competitive environment. One exemplary case is of Corona Testing Kit, which have been in great demand all over the world to combat the spread of Corona virus. Various agencies, both government, private, scientists and doctors are simultaneously working in developing kits to test Corona virus. Who will be able to obtain the patent for their invention depends upon the speed with which patent application is filed with the concerned office? Immediate action lies in filing a provisional patent application.

Provisional Patent Application

Provisional patent application is the most important tool to claim the priority date for the invention. According to USPTO, simplified patent application, called as provisional patent application, can be made to it for claiming the patent for the invention, which may be in anticipation of full development of the invention or may not be having the patent claim or may not be even conforming to the other application formatting requirements. The patent applicant is required to file a  proper patent application complete in all respect within a specified period, usually one year from the filing the provisional patent application. The provisional patent application is then converted into a formal patent application. Any new material, if added in the subsequently-filed application, will not enjoy the benefit of the provisional application’s filing date. Provisional patent application filed with proper description is the first step to establish the priority towards receiving a patent. There are number advantages of filing a provisional patent application.

Is it mandatory to enclose patent drawings along with the provisional patent application?

USPTO does not insist to enclose patent drawings along with the provisional patent application. An inventor is always in a hurry to file a provisional patent application to take advantage of priority date. Some inventors are either new to the field of inventions or do not appreciate the need of attaching patent drawings with the patent application. These inventors might have put tremendous efforts in developing long description of the invention assuming that longer the description better is for understanding the invention and more are the chances of grabbing the patent at a later stage when non provisional application is filed. Such inventors have a wrong notion that a detailed, long, and high sounding words describing invention would impress the patent examiner and prompt him to award the patent. It is not true. On the other hand, patent examiner may not get the correct understanding of the patent application, whether provisional or non-provisional, with long description loaded with high sounding words. There are every chance that the main points are missed and the patent application is rejected or returned with some queries. Provisional patent application or non-provisional patent application should always be in simple English and to the point. They should be supported with the patent drawings, as many in numbers as are required to explain the invention adequately and completely.

It is important to note that US Patent Office (USPTO), under Section 35 U.S.C113 of its “PTO Guide for drawings” suggests that patent drawings are required, if necessary to understand the patent. This provision is clearly an indication for the need for patent drawings with  the patent application whether provisional or non-provisional. Many inventors have the wrong notion that provisional patent application can be filed without attaching patent drawings as these could be added later. It is incorrect as any addition, if done at a later date, will not be allowed as per the directives of the USTPO. In view of this, it is important that all the drawings, professionally made, are attached with the provisional patent application in the first place itself for adequately disclosing the invention.

Number and the types of patent drawings

There is no restriction on the number of patent drawings to be submitted. It can be a single drawing or a number of drawings that can help in description or the specifications of the invention. These patent drawings may include simple freehand sketch; plan, elevation and side view, 3D drawings, exploded views, flow charts or even a picture or a video. The purpose of attaching these drawings is only one to make the description and the claims of the invention complete and simple to understand.

The power of patent drawings

Patent drawings are extremely powerful tool to convey the message which even thousands of words may not be able to do. Drawings tell the full story of the invention in a very short-time explaining the internal and external parts or components, arrangement of the parts, operations and many other details which cannot be replaced by words. The silent communication with the help of patent drawings is the most important aspect that helps the patent examiner to understand the invention and promptly accept the claims made about the invention. Patent drawing act as a winning horse. They are like an onion, each layer of which gives a new information. Attaching  number of patent drawings with the provisional patent application is a good idea to explain all the important points about the invention and gain advantage. This is particularly important in case of patenting in US, where unlike other countries, patent are given on the principle of “first come-first served”. An inventor filing the patent application first, whether provisional or non-provisional, will be awarded the patent rather than the inventor who might have invented the invention first. In case, an inventor prefers to file a provisional patent application without accompanying drawings, that may be damaging his case for granting the patent as patent examiner may find that the patent application is not able to disclose the invention properly. This is where the importance of attaching the patent drawings cannot be over emphasized.

Who should make the patent drawings?

Patent drawings can be made by the inventor himself if he knows how the drawings are to be made in compliance of the requirements of patenting office, in case of US it is USPTO. Most of the time, the inventor is not expert in making drawings and is not knowledgeable about the rule of making the patent drawings. It is therefore important that the patent drawings are made with the help of professionals and by the professionally trained persons e.g. patent drawing illustrators who are not only expert in identifying the needs of drawings, their number, the types of drawings to support the description and the claims of the invention, but are also equipped with the latest tools and soft wares to produce patent drawings in compliance with the rules and regulations of the patenting authorities. USPTO has laid down guidelines for the patent drawings specifying the type of paper to be used for making drawing, size of the paper, margin to be used, the size of letters to be written, the location of the label, details to be given in the drawing, ink to be used, thickness of lines used in making the drawings, and many more details which only a professional has the knowledge to do. You can refer to patent drawing rules in detail at Complying with Patent Drawing Rules

Is it economical to use patent drawing illustrator to make the patent drawing?

Using a professional agency is always economical in making the patent drawings. A poor drawing(s) with incomplete details or prepared not in compliance with the guidelines is bound to be returned by the patent examiner, which will take longer time in clarifying the objections made or clarifications sought and will delay the grant of patent. Money lost in this process is many times more than the money to be paid to the patent drawing illustrator.

Conclusion

Patent laws do not make it mandatory to submit patent drawings along with the provisional patent application. It is, however, advised that patent drawings may be attached with the patent application if it is necessary to support the description of the invention and the claims made in the patent application. In practice it is always advisable to attach a set of patent drawings explaining the specifications, functions, operations, and any other details of the invention. The patent drawing illustrators are the right agencies to prepare professional patent drawings who are experts equipped with the latest tools and have easy excess to the resources that are not easy to afford. In case you have any clarification or need any other help, please – contact us by filling below form.

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Avoiding Common Errors in Drawings for Design Patents https://invention-patent-drawings.com/avoiding-common-errors-in-drawings-for-design-patents/ Tue, 17 Mar 2020 00:32:15 +0000 https://invention-patent-drawings.com/?p=12854 Avoiding these common errors in design patent drawings can help ensure that your patent application will be approved and the patent will be strong in court.

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Errors in patent drawings can be a problem anytime, but they are especially problematic for design patents. Since for all intents and purposes the drawing IS the disclosure for a design patent, errors are likelier to lead to patent office rejection of the application.

As we described in our article, Successful Patent Drawings for Design Patents, there are specific requirements that drawings for design patents must meet. In this article, we’ll look at some of the most common errors in design patent drawings, and how they can be avoided.

Failure to comply with drawing specifications

Our article, “Complying with Patent Drawing Rules,” includes some of the many very specific rules the US Patent and Trademark Office (USPTO) has for all patent drawings, including things such as the quality of the ink and size of the paper and margins. The rules are very detailed. The best way to avoid rejections for failing to comply with the drawing specifications is to use a person or firm that has a lot of experience with patent drawings. You can’t just hire any graphic artist to come up with a drawing for a patent application and expect it to comply with the specifications.

Inconsistency

If your patent drawings are not consistent, then there’s no way to tell what exactly it is that you’re patenting. Sometimes a patent with inconsistent drawings will even make it through the patent office and be allowed, only to be found invalid in the event of a lawsuit. That’s what happened to Yummie Tummie, the owner of US Design Patent 666,384. Spanx made what Yummie Tummie claimed was a copy of their protected design. Yummie Tummie sued in Federal court, but the patent was thrown out because the height of the material that was shown in a side view was inconsistent with the height of the material shown in a back view. The court held it was a “fatal inconsistency” and held that the patent was not valid. See the two drawings below – the material in the side view looks like it’s lower down the back than what is shown in the back view.

Design patent drawings side viewDesign patent drawing d666384 back view

Non-enablement

One of the requirements for design patent drawings, is that someone “skilled in the art” should be able to build the object by relying on the drawings in the disclosure, and nothing else.

For example, there’s an optical illusion known as the “Penrose Triangle.” If you were to submit this as a drawing for a design patent, it would be rejected because no one would be able to figure out how to make it:

 

Most non-enablement rejections from the patent office are far more subtle than this example. More typically it will include things such as an inability to tell whether a particular surface is flat or recessed, or whether screws protrude, etc. One way to avoid rejection for these types of errors is to include more drawings – in addition to the standard set of 7 drawings – all six sides plus one perspective drawing – additional perspective drawings may be needed so that someone could make the object without “resorting to conjecture.” In other words, without guessing.

Ambiguity

Ambiguity may occur if you don’t have enough drawings. For example, in the below drawing of the front of a box on feet, a side view can show how many feet there are. However, if you neglect to include a bottom view (a common mistake) there’s no way to know whether the feet are square or round, and the application would be rejected for ambiguity. As with non-enablement, additional drawings could prevent rejections for ambiguity.

Conclusion

Consistent, unambiguous drawings that comply with all patent office specifications are essential to getting your design patent approved by the patent office and upheld in court should another company infringe. One of the best ways to avoid problems with rejected drawings is to use an experienced patent illustrator, such as Invention Patent Drawings, to create your drawings. Contact us for more information by filling below form.

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Successful Patent Drawings for Design Patents https://invention-patent-drawings.com/successful-patent-drawings-for-design-patents/ Thu, 20 Feb 2020 20:47:26 +0000 https://invention-patent-drawings.com/?p=12811 While patent drawings are essential for almost any successful patent application, they are even more important for design patent applications than for utility patents. Since design patents are for ornamentation and appearance, the drawing IS the disclosure. When considering what goes into drawings for design patents, it’s good to keep in mind the US patent […]

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While patent drawings are essential for almost any successful patent application, they are even more important for design patent applications than for utility patents. Since design patents are for ornamentation and appearance, the drawing IS the disclosure.

When considering what goes into drawings for design patents, it’s good to keep in mind the US patent office’s (USPTO) definition of a design:

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.

The designs must be:

  • New
  • Original
  • Ornamental
  • For an article of manufacture (you can’t get a design patent for the way something would look in a video game – you would protect that with a copyright)

Design patent drawings have to comply with all of the standard rules required of all patent drawings, i.e., black and white, India ink or equivalent black lines, particular sizes of paper and margins. See our article “Complying with Patent Drawing Rules” for more information.

Additionally, there are specific requirements for drawings for design patents:

  • Required views: front, rear, right, left, top, bottom. It’s a good idea to include perspective views – they can make it easier to visualize the appearance and shape of the design.
  • Shading: USPTO rules mandate shading in patent drawings to properly depict the contours of three-dimensional surfaces. There are specific rules for the shading – when to use lines versus stippling, it should look like the light is coming from the upper left, etc.
  • Broken or dashed lines indicate design elements not included in the patent

Exploded views can also be helpful if the design includes an element that may sometimes be hidden from view, as in the below example:

Note that even though the exploded view has different parts, the patent only covers the design as a whole. A design patent only covers one single design. In the above example, if you didn’t want someone to be able to use the design of the lid on a different style of teapot, you would need to get a separate design patent for the lid.

It is possible to get multiple patents for different design features on the same object. See for example these two illustrations for separate patents both relating to the design of Apple’s iPhone:

iPhone design
US Patent D580,387S
iPhone design
US Patent D581,922S

Note that you can get a design patent for the contours/configuration of an object as well as for the surface ornamentation on an object, but you cannot get a patent for surface ornamentation separate from the object. This is best illustrated by these three illustrations from the USPTO:

You cannot patent “disembodied ornamentation,” for example the above surface ornamentation not on any particular object. In the above example, we can tell in the first illustration the patent is only for the surface ornamentation on the article and not the article itself because of the dashed lines showing the article. In the third illustration, the object is shown with solid lines and shading, indicating it is part of the patent.

Design patent drawings must be extremely precise and consistent. Any error in the drawings that would make two views of an object inconsistent with each other will result in the patent application being rejected. Watch for a future article on common problems in design patent drawings and how to fix them.

As you can see, accurate and consistent patent drawings in compliance with all appropriate patent office regulations and specifications are essential to a successful design patent application. The cost to hire a professional patent illustrator to do the design drawings is modest compared with the cost and hassle involved with a rejected application. Please contact us to discuss your patent drawing needs.

 

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Improving Patent Applications with Patent Drawings https://invention-patent-drawings.com/improving-patent-applications-with-patent-drawings/ Fri, 31 Jan 2020 23:24:35 +0000 https://invention-patent-drawings.com/?p=12803 By law, patent applications need to include at least one drawing if the patented object or process is capable of being rendered in an illustration. However, it’s always worthwhile to try and include a drawing if at all possible, even if for a particular patent application it’s not strictly required. For example, if you’re claiming […]

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By law, patent applications need to include at least one drawing if the patented object or process is capable of being rendered in an illustration. However, it’s always worthwhile to try and include a drawing if at all possible, even if for a particular patent application it’s not strictly required. For example, if you’re claiming a method or process a drawing might not be technically required, but some kind of illustration – a flowchart or diagram perhaps – will strengthen the application.

Even though the rules may require only one drawing under normal circumstances, your patent application will be much stronger with more drawings. Drawings are not only helpful in getting your patent approved, they can be important if your patent is ever involved in a lawsuit. If an important detail was left out of the written description of the patent, drawings can still disclose what’s in the patent. The US Court of Appeals for the Federal Circuit, the primary appeals court for patent cases, often refers to drawings as part of their deliberations.

For example, the following drawing wasn’t strictly needed for the patent application because it’s a business method, not a physical device. Nonetheless the drawing adds value because it helps show the many interconnections that are described in the text of the patent.

business method diagramExploded views are also often helpful. For example, the following exploded view of a hamburger press shows how the device will be able to both make a Texas-shaped hamburger patty, and how it will create the “lone star” emblem of Texas.

texas hamburger press exploded viewWhile most patent applications have around a dozen drawings, there is no upper limit. For example, US Patent 8499780, for a cassette system integrated apparatus, has 206 illustrations, one of them featured below. You may be wondering, why would they need so many illustrations? There are several major subassemblies, and each one has drawings. They have left views, right views, exploded views, internal views. The drawings clearly depict all of the many pieces that go into a complicated piece of hardware.

detail drawing cassette mechanismSome people are under the mistaken impression that they are better off if they’re patent application is vague – they assume broader means they have a better patent because it covers more, but the truth is broader means you’ll both have a harder time getting a patent in the first place, and if you do manage to get something fairly broad past an examiner it’s much likelier to be knocked out in court if it’s ever challenged because it also means there’s a much wider net of prior art that could be used to invalidate the patent. Detailed drawings that specifically show what your invention is all about are a big help in getting a strong patent that will survive challenges in court.

Non-provisional patent applications may be submitted without drawings – you’re allowed to submit drawings later. But you can’t add new matter after filing. If your written description neglects an important feature, your drawing can’t add it later. It’s definitely wisest to submit your drawings with the original patent application.

And when you submit patent drawings, it’s very important that the drawings comply with all of the patent office specifications – a sketch on the back of a napkin is not sufficient. See our article “Complying with Patent Drawing Rules” for more information on what the patent office looks for in drawings.

There’s a saying that “a picture is worth a thousand words.” Nowhere is this more true than in the world of patents! To know more about our patent illustration services and pricing, please email us at info@invention-patent-drawings.com or call us at +1-917-508-8816.

 

 

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Patent Drawings as Works of Art https://invention-patent-drawings.com/patent-drawings-as-works-of-art/ Wed, 29 Jan 2020 21:45:05 +0000 https://invention-patent-drawings.com/?p=12794 Nowadays, no one but an inventor would hang a patent drawing on a wall. But once upon a time, patent drawings often went way beyond the merely functional – some of them were museum-quality works of art. Take a look at this drawing from a patent for a fire ladder in 1837. It includes many […]

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Nowadays, no one but an inventor would hang a patent drawing on a wall. But once upon a time, patent drawings often went way beyond the merely functional – some of them were museum-quality works of art.

Take a look at this drawing from a patent for a fire ladder in 1837. It includes many extraneous details you’d never see in a patent drawing today: a tree in the background, flames and smoke coming out of a window, someone shouting out either an alarm or instructions.

Or how about this patent for an oarlock from 1883? Not only are there clouds, the rower has a moustache, and is that sweat on his brow?

Or this patented way to keep your cool from 1800? The artist added not only a pipe, but a newspaper to convey how relaxing it would be to lounge around with this invention providing a gentle breeze.


You don’t have to actually build your machine and prove it works to get a patent, as is obvious from this flying machine patent from 1869 – anyone trying to fly in this device would surely be killed, but the drawing for the patent is a work of art, again with details and coloring we don’t see anymore.

patented flying machine

A fire in 1836 destroyed many beautiful, early patent drawings. After the fire, the patent office started to require drawings submitted in duplicate, so in the event of a fire in one place there would still be a copy. It was too much effort to include extraneous details on multiple copies, so patent drawings started becoming simpler.

Over time, both law and custom have dictated simpler patent drawings.

In 2000, the US Patent Office changed some of the rules for patent drawings because it wanted to “focus on having a drawing that can communicate the invention to the examiner and on the scanability of the drawings so as to produce readable drawings in published applications and patents.” To make reproduction and scanning easier, patent drawings must be black and white, unless color is needed to explain the invention. The same considerations mean no more extraneous details. Besides the regulatory requirements, businesses today are universally cost-conscious. No business is going to spend money on artistic flourishes to a patent drawing.

As a result, today’s patent drawings are generally not as artistically beautiful as patent drawings from years gone by – see this drawing from Apple’s iPhone design patent as an example:

iPhone patent drawingOn the other hand, the iPhone has generated billions of dollars in revenue for Apple. We’re sure that Apple’s shareholders find that drawing quite beautiful.

The patent drawings we create for clients may not be something that museums will acquire to adorn their walls, but they will help our clients receive their patents, and there’s nothing more beautiful to an inventor than that patent certificate. Whether your drawings needs are for something as simple as the iPhone design, or something as complex as a flying machine, we are the ready to be of service. Learn more about how we work.

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