1503.02 Drawing
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Section Frequency Chart
The design must be represented by a drawing that complies with the requirements of § 1.84 and must contain a sufficient number of views to constitute a complete disclosure of the appearance of the design. Appropriate and adequate surface shading should be used to show the character or contour of the surfaces represented. Solid black surface shading is not permitted except when used to represent the color black as well as color contrast. Broken lines may be used to show visible environmental structure, but may not be used to show hidden planes and surfaces that cannot be seen through opaque materials. Alternate positions of a design component, illustrated by full and broken lines in the same view are not permitted in a design drawing. Photographs and ink drawings are not permitted to be combined as formal drawings in one application. Photographs submitted in lieu of ink drawings in design patent applications must not disclose environmental structure but must be limited to the design claimed for the article.
I. VIEWS
The drawings or photographs should contain a sufficient number of views to disclose the complete appearance of the design claimed, which may include the front, rear, top, bottom and sides.
Views that are merely duplicative of other views of the design or that are flat and include no surface ornamentation may be omitted from the drawing if the specification makes this explicitly clear.
Sectional views presented solely for the purpose of showing the internal construction or functional/ mechanical features are unnecessary and may lead to confusion as to the scope of the claimed design.
II. SURFACE SHADING
While surface shading is not required, it may be necessary in particular cases to shade the figures to show clearly the character and contour of all surfaces of any 3-dimensional aspects of the design.
Surface shading is also necessary to distinguish between any open and solid areas of the article.
- However, surface shading should not be used on unclaimed subject matter, shown in broken lines, to avoid confusion as to the scope of the claim.
III. BROKEN LINES
The two most common uses of broken lines are to disclose the environment related to the claimed design and to define the bounds of the claim.
- Structure that is not part of the claimed design, but is considered necessary to show the environment in which the design is associated, 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.
- Unclaimed subject matter may be shown in broken lines for the purpose of illustrating the environment in which the article embodying the design is used.
- Broken lines are not permitted for the purpose of indicating that a portion of an article is of less importance in the design.
Broken lines may not be used to show hidden planes and surfaces which cannot be seen through opaque materials.
- The use of broken lines indicates that the environmental structure or the portion of the article depicted in broken lines forms no part of the design, and is not to indicate the relative importance of parts of a design.
IV. SURFACE TREATMENT
The ornamental appearance of a design for an article includes its shape and configuration as well as any indicia, contrasting color or materials, graphic representations, or other ornamentation applied to the article (“surface treatment”).
- Surface treatment must be applied to or embodied in an article of manufacture.
V. PHOTOGRAPHS AND COLOR DRAWINGS
Drawings in design applications may be submitted in black and white or in color.
Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications.
- The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention.
Where color drawings and color photographs are submitted, only one set of color drawings or color photographs are required if submitted via EFS-Web.
- Three sets of color drawings or color photographs are required if not submitted via EFS-Web.
In addition the specification must contain, or be amended to contain, the following language as the first paragraph of the brief description of the drawings:
--The file of this patent contains at least one drawing/photograph executed in color. Copies of this patent with color drawing(s)/photograph(s) will be provided by the Office upon request and payment of the necessary fee.--
Color drawings are permitted in design applications when filed in accordance.
- Color may also be shown in pen and ink drawings by lining the surfaces of the design for color in accordance with the symbols.
If color photographs or color drawings are filed with the original application, color will be considered an integral part of the disclosed and claimed design.
- The omission of color in later filed photographs or drawings will be permitted if it is clear from the application that applicant had possession of the underlying configuration of the basic design without the color at the time of filing of the application.
