Of the 3 types of patent (utility, design, and plant), design patents rely most heavily on the quality and accuracy of the drawings. Since my first day as a patent illustrator in 1996, my approach has continually evolved in order to stay abreast of the latest trends in design patent examination.
The interpretation of patent law as it pertains to design patent applications is very fluid and constantly shifting. It’s been a virtual bob-and-weave, stick-and-move and rope-a-dope between anonymous adversaries: Design Patent Examiner v Design Patent Illustrator.
Ok, it’s not quite that cut throat. And, the truth of the matter is that if both the design patent examiner and the design patent illustrator are doing their jobs to the best of their abilities, then your design patent has its best chance of being allowed and, MORE importantly, being enforceable.
Over the years my clients have asked me to translate, decipher, advise on and even argue against hundreds of Office Actions. So I think it’s time that I share my wisdom with you as well! In a series of blog posts, my team and I will break down the requirements for design patent drawings as seen from the drafting table of an expert patent illustrator. Please remember – I am not a patent attorney and therefore not qualified to dispense legal advice.
To give your design patent the best chance for allowance, it is critical that your patent illustrator is an Expert at Design Patent Illustration. It’s for this reason that trying to save a few dollars by going with a “cheap” patent draftsman could be the reason your design patent gets rejected; “cheap” never equals “less expensive”.
Contact us today and see how our expertise can save you and your clients time and money!
