Written by
Etan AyenEtan Ayen

Quality figures for design patents are more than an addendum; they’re central to the claims and an effective risk management tool that can win the war before the first shot has been fired. They’re a shield against infringement(s) that protect your clients from the onset.

Or, as stated by the USPTO:

The drawing disclosure is the most important element of the application. Every design patent application must include either a drawing or a photograph of the claimed 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, and that nothing regarding the design sought to be patented is left to conjecture.

Source: uspto.gov/patents/basics/apply/design-patent

In the world of patent art, quality and risk management are synonymous. Producing quality figures from the onset better protects the claims, reduces revision time and eliminates workflow bottlenecks that impact your ability to focus on the critical elements of your own work product. They also prove to be a valuable asset in litigation, by removing ambiguity from the equation. Let’s review the methods and possibilities that are available to better protect you and your clients, by building one perspective view from the ground up.

Which is the preferred method? You decide.

*This product utilizes multiple materials. 1. Black rubber sole. 2. Black elastic band. 3. Gold buckle ornament. 4. Dark leather buckle straps. 5. Woven cloth exterior. 6. Light leather interior.

Design patent perspective view of a slingback pump, figure 1: Here we have a perspective view with no additional contour or shading lines
Fig. 1

Figure 1: Here we have a perspective view with no additional contour or shading lines.

Design patent perspective view of a slingback pump, figure 2: Here we have the addition of shading lines, which show some surfaces while neglecting others; however, the sha
Fig. 2

Figure 2: Here we have the addition of shading lines, which show some surfaces while neglecting others; however, the shape of the actual object remains somewhat ambiguous from a technical perspective.

Design patent perspective view of a slingback pump, figure 3: Here we have shading lines that follow the shape of the object and provide a better sense of variation between
Fig. 3

Figure 3: Here we have shading lines that follow the shape of the object and provide a better sense of variation between the various surfaces.

Design patent perspective view of a slingback pump, figure 4: In this instance we're showing the contour lines without shading in the primary areas, to highlight their loca
Fig. 4

Figure 4: In this instance we’re showing the contour lines without shading in the primary areas, to highlight their location and purpose. These lines provide a clear representation of where changes is surface contours begin and end.

Design patent perspective view of a slingback pump, figure 5: Here we have the contour lines and shading lines combined. This instance is more of a minimalistic style, and
Fig. 5

Figure 5: Here we have the contour lines and shading lines combined. This instance is more of a minimalistic style, and what I personally would consider the floor for an acceptable patent drawing; however, let’s keep going to determine what else could be done to better exemplify the product.

Design patent perspective view of a slingback pump, figure 6: Additional shading lines, perpendicular to the original shading lines can provide addition context and highlig
Fig. 6

Figure 6: Additional shading lines, perpendicular to the original shading lines can provide addition context and highlight changes in curvature across broader surfaces. The additional lines can be a bit overwhelming and do little to highlight the separate materials being used. Let’s address that in the next figure.

Design patent perspective view of a slingback pump, figure 7: Utilizing a broken line pattern can reduce the perceived darkness while maintaining the shading line thickness
Fig. 7

Figure 7: Utilizing a broken line pattern can reduce the perceived darkness while maintaining the shading line thickness.

Design patent perspective view of a slingback pump, figure 8: The pattern would likely be a separate patent, but just in case it needed to be represented, this is what that
Fig. 8

Figure 8: The pattern would likely be a separate patent, but just in case it needed to be represented, this is what that addition would look like.

Design patent perspective view of a slingback pump, figure 9: Now, pursuant to 37 CFR section 1.84 (m), let's add a little light, which is achieved in this instance, by add
Fig. 9

Figure 9: Now, pursuant to 37 CFR § 1.84 (m), let’s add a little light, which is achieved in this instance, by adding additional shading lines in the areas shadows are required and removal of shading lines in the illuminated areas. If the objective were to utilize simple lines only, we’ve taken this piece about as far as we can go.

Design patent perspective view of a slingback pump, figure 10: Here, we're taking a completely different approach, as we have done little to highlight different materials an
Fig. 10

Figure 10: Here, we’re taking a completely different approach, as we have done little to highlight different materials and surface texture. The product is wrapped in woven textile with a distinct look, let’s see if we can capture its essence better than we were able to with simple line work. Personally, I think it already looks promising.

Design patent perspective view of a slingback pump, figure 11: We've added back the branded pattern, but we also know, this would likely not be part of the claim, but I don'
Fig. 11

Figure 11: We’ve added back the branded pattern, but we also know, this would likely not be part of the claim, but I don’t see anything in the guidance preventing us from using unclaimed elements to better define the object in question... let’s keep going.

Design patent perspective view of a slingback pump, figure 12: Now we're getting somewhere. For clarification, we have not used stippling on any surfaces as of yet. We're on
Fig. 12

Figure 12: Now we’re getting somewhere. For clarification, we have not used stippling on any surfaces as of yet. We’re only using broken line patterns of varying thickness. Completely unclaimed from a technical perspective.

Design patent perspective view of a slingback pump, figure 13: We've added their logo to the interior, which is gold leaf lettering
Fig. 13

Figure 13: We’ve added their logo to the interior, which is gold leaf lettering.

Design patent perspective view of a slingback pump, figure 14: The gold hatching pattern provided by the USPTO gets a bit lost next to the textured exterior
Fig. 14

Figure 14: The gold hatching pattern provided by the USPTO gets a bit lost next to the textured exterior.

Design patent perspective view of a slingback pump, figure 15: We've unclaimed that logo, as would likely be the case in an actual filing
Fig. 15

Figure 15: We’ve unclaimed that logo, as would likely be the case in an actual filing.

Design patent perspective view of a slingback pump, figure 16: We've now used stippling to highlight the soft leather interior
Fig. 16

Figure 16: We’ve now used stippling to highlight the soft leather interior.

Now I ask you, which embodiment best captures the subject, and which one would you want to accompany your filing?

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