When it comes to complex and organic forms, drawing design patents with consistent figures can be a challenge. The validity of a design patent is based on the consistent representation of a form that is seen from figure to figure – no figure can contain any information to the design if it is not seen in a different figure. A design patent protects the structural or ornamental appearance of the new invention, and the claims for the patent are based on the specific ornamental appearance of the patent drawings. It is critical that consistory is not only checked throughout the patent illustration process, but that it is built into the way the drawings are created.
At Legal Advantage we provide supplemental documentation to each design patent illustration, ensuring that all of the figures are drawn to the exact dimensions. We use a technique that the patent examiner’s use, an overlay of construction lines that highlight consistency from figure-to-figure for specific aspect of the design. This is a basic visual check list that we perform throughout the creation of the figures that impacts the speed and quality of the draft.
When it comes time for the application submission, our clients are confident with this provided consistency guide, because it is the same visual test an examiner will provide and can reduce unneeded office actions.
Learn more about our consistency guide in the patent illustration section of our site and see an example consistency guide. Please feel free contact us with any questions you may have with your design patents. In future posts we will walk through the steps for ensuring that perfect draft with tips to ensure design patent consistency. Did you start with the most accurate view and how do you build a figure without any documentation of it?