Selecting Suitable Media for Design Patent Application Drawings

Transcription

1 Selecting Suitable Media for Design Patent Application Drawings United States Patent and Trademark Office An Agency of the Department of Commerce 1

2 Overview Benefits of various drawing media for different types of articles/designs Cautions/Pitfalls and Suggestions 35 USC 112 The most common rejection in the Design Group A clear and sufficient disclosure is critical 2

3 Overview D482,456 3

4 Overview D653,056 D466,724 4

5 The Rules and The Laws 35 USC 112, 1 st and 2 nd paragraphs full, clear, concise, and exact terms to enable any person skilled in the art to make and use the same particularly pointing out and distinctly claiming 5

6 The Rules and The Laws 37 CFR appropriate and adequate surface shading should be used photographs and ink drawings are not permitted to be combined as formal drawings in one application must contain a sufficient number of views 6

7 The Rules and The Laws D337,740 D640,036 7

8 What are my drawing options? No Shading Straight line shading Stipple shading Photographs Color/Black and White CAD/ 3D Renderings 3D Wireframe Grayscale Renderings 8

9 Surface Shading no shading Shading is not a requirement Convenient, less expensive Foreign offices may not require it, or may forbid it Caution Sometimes difficult to understand contours, especially with insufficient views 9

10 Surface Shading no shading 10

11 Surface Shading line and stipple shading Opaque v. Transparent surfaces Reflective Surfaces Openings v. Solid surfaces Subtle or Complex contours Cautions. Overly stylized line shading can be confused for a surface pattern Multiple types in one application must be done with care and with a clear explanation 11

12 Surface Shading examples D602,755 12

13 Surface Shading examples D468,044 D603,547 13

14 Surface Shading examples D654,211 14

15 Surface Shading examples 15

16 Surface Shading examples D623,876 16

17 3D Wireframe Accurate method of showing the exact contours of an article Cautions Bleeding and illegible lines Indistinguishable from the drawing object lines Suggestion Lighter wireframe lines 17

18 3D Wireframe 18

19 3D Wireframe 19

20 3D Wireframe D527,592 20

21 Photographs black and white 37 CFR and 37 CFR 1.84 Must not disclose environmental structure must be limited to the design claimed not ordinarily permitted the only practicable medium for illustrating the claimed invention for example ornamental effects Must be of sufficient quality so that all details are reproducible in the printed patent 21

22 Photographs black and white D634,742 22

23 Photographs black and white D648,646 23

24 Photographs black and white (off) (on) D619,296 24

25 Photographs black and white Cautions. Glare, reflection, excessively grainy, too much contrast, shadows, environment Difficulty claiming less than the entire article No rule/requirements on how to do this Must clearly and consistently show and describe the unclaimed subject matter Will be handled on a case by case basis Broken lines may not be used to circumscribe an unclaimed area of an article in a photograph 25

26 Photographs black and white D633,686 26

27 Photographs / 3D Renderings Color rare occasions only practicable medium Requirements petition, fee, three sets of drawings, statement in the specification 27

28 Photographs / 3D Renderings Color D585,906 D577,035 28

29 Photographs / 3D Renderings Color D593,242 D612,590 29

30 3D Renderings / Grayscale CAD and 3D Renderings Resemble photographs Are examined in the same way as photographs Easier to identify unclaimed areas Show unclaimed areas with lighter tones D619,028 30

31 3D Renderings / Grayscale D654,399 31

32 3D Wireframe Caution Soft contour lines are typically shown with evenly spaced broken lines, and can be confused with unclaimed subject matter 32

33 3D Renderings D633,908 33

34 Suggestions/Aids Submit sufficient views to clearly disclose the complete appearance of the design claimed. File a photographic appendix with the original application Include an Incorporation by Reference statement in original specification Domestic priority documents Foreign priority documents Related applications 34

35 Thank you! Cathron Brooks Supervisory Patent Examiner Art Unit 2911 United States Patent and Trademark Office An Agency of the Department of Commerce 35