6 Common Design Patent Mistakes And How To Avoid Them

Filing for a design patent may seem like a cakewalk when compared to the much tougher to get utility patents in the USA. After all, design patents require much less paperwork and follow a quicker process, unlike utility patents.  
Despite the ease of securing a design patent, applicants often end up making common and costly mistakes that can easily be avoided. Below we discuss the 6 mistakes to evade when applying for a design patent. 

1. Non-Submission of Adequate Views: Unlike a utility patent where lengthy claims and descriptions describe the invention in satisfactory detail, drawing forms the core of a design patent. The USPTO requirements clearly stress an application carrying maximum views so that the design is disclosed completely. 
   Front, left, right, rear, top and bottom views of the design are compulsory to submit. They may only be omitted if two views are a mirror image of each other. 
   Sectional views are only permitted if they aid in clearly bringing out the elements of the design. It is highly recommended to include the optional Perspective Views as they endow more clarity by showing the appearance and shape of three-dimensional designs. 
   Two perspective views are considered enough with one showing the top, front and side of the object, while the other shows the bottom, back, and opposite sides.
2.  Lack of Surface Shading: Expressing the contours and character of all surfaces in the drawing via surface shading is a stipulation mandated by the USPTO for design patent applications. 
   Faulty or inappropriate surface shading is grounds for rejection of the application under 35 U.S.C. 112. Remember to use surface shading when distinguishing between solid and open areas of the design. 
   Do not use solid black surface shading unless you are depicting a color contrast or the color is black. If you add surface shading to the drawing after filing, it will be viewed as new matter and will result in delays in the patent grants.  
3. Failure to Use Broken Lines: Broken lines are used to represent the environment in which the design is used and are not part of the claimed design. 
   They are for illustrative purposes only and must always be included to show the article of embodiment when the claim is just for the surface ornamentation of the design. Broken lines that intrude upon the claim design or are of a heavier weight than claimed design can become grounds for rejection.  
4. Including Multiple Design Embodiments: A design patent may include only one claim meant for the ornamental design of the article. A design patent application with several different design variations will be called out under Restriction Requirement. 
   The applicant will then be asked to choose and submit a single design to be pursued for the purpose of the patent application. The non-elected designs may be filed separately by the applicant. Failure to do so means they are abandoned and available for the public to take.  
5. Excessively Detailed Drawings: Drawing the line between too little and too much is tricky business in design patent applications. Including too many details in the drawing may not be necessary to illustrate the ornamental aspect of the design. This can lead to rejections by the Patent Office. 
   In case of infringement too, this can prove an expensive mistake. Your business rival only needs to omit a few of the many details listed in your patent while retaining the general features of the design to recreate the product, without infringing on your design. Therefore, it makes sense to stick to the essential design features in the drawings.  
6. Not Disclosing the Article Of Manufacture: If a design patent application does not mention the article of manufacture that will carry the design, it may be rejected.