What are the guidelines for surface treatment in design patent drawings?

What are the guidelines for surface treatment in design patent drawings?

Surface treatment is an important aspect of design patent drawings that helps to accurately represent the appearance of the claimed design. The MPEP 2909.02 provides specific guidance on surface treatment:

“The drawing or photograph should disclose the decorative features of the design claimed. Surface treatment that is shown in a reproduction should be limited to that which is necessary to show the appearance of the design.”

This means that surface treatment should be included in the drawings when it’s an integral part of the design. However, it’s important to strike a balance and not include unnecessary details. The MPEP further clarifies:

“Surface treatment (e.g., stippling, hatching, carving, etching, engraving, etc.) that is claimed must be shown in the reproduction by means of graphic or photographic renderings throughout the surfaces of the reproduction where the surface treatment appears.”

When depicting surface treatment in design patent drawings:

  • Include only the surface treatment that is part of the claimed design
  • Ensure the treatment is consistently shown across all relevant views
  • Use appropriate techniques (e.g., stippling, hatching) to accurately represent the surface treatment
  • Be careful not to obscure other important features of the design with excessive surface treatment details

Remember, the goal is to clearly and accurately represent the appearance of the design, including any surface treatments that contribute to its overall aesthetic.

To learn more:

Topics: MPEP 2900 - International Design Applications, MPEP 2909.02 - Reproductions (Drawings), Patent Law, Patent Procedure
Tags: Decorative Features, Design Patent Drawings, Hatching, Stippling, Surface Treatment