FYI – Patent Drawings Blog
Design Patent Dos & Don’ts
What’s Allowed and What Can Lead To Rejections
Design patents cover the ornamental design of functional items, focusing on the visual characteristics of an object. Understanding what is allowed and what could lead to rejection is crucial for successfully navigating the design patent application process. Here’s a breakdown:
ALLOWED
In Design Patent Applications
Novel and Non-Obvious Designs
The design must be new and significantly different from known designs or combinations of known designs in the public domain.
Ornamental Aspect
The design must be purely ornamental, contributing to the aesthetic appeal of an item and not its functional aspects.
Visible During Normal Use
Designs that are visible during the normal use of the object, excluding portions that remain hidden.
Color and Surface Shading
While color is not typically claimed in a design patent, surface shading that indicates contour, texture, or material is allowable.
Applicable to an Article of Manufacture
The design must be embodied in or applied to a physical object.
Complete Design or Partial Design
Both complete designs of an object and partial designs focusing on a specific area of an object are allowable.
REJECTED
In Design Patent Applications
Indistinguishable Designs
Designs that cannot be distinguished from existing designs or prior art due to lack of novelty or because they are considered obvious.
Functional Features
Designs dictated by the functional aspects of an object. If the design’s shape or structure is necessary for the object to perform its intended function, it will not be granted a design patent.
Invisible Features During Normal Use
Features of a design that are not visible during the normal use of the product, such as internal components.
Poor Quality Drawings or Photographs
Submissions that fail to clearly depict the design due to poor quality, lack of detail, or improper shading can be rejected.
Common or Generic Designs
Designs that are considered too basic or generic, such as a simple geometric shape that does not possess a unique ornamental feature.
Lack of Consistency in Drawings
Inconsistent drawings or photographs that fail to accurately represent the design from multiple views can lead to rejection.
Utility Patent VS. Design Patent
Do You Know The Difference?
