Author: Menteso Editorial Team

Getting a patent application rejections is nobody would wish. After investing time to develop a design patent application that is focused, novel, and specific, you are told to revise your hard work and have another go at your application. This leads to alterations and continuation procedures to create related applications.

When you get rejected patent application , you will have to spend more time and money to address the issues raised by the United States Patent and Trademark Office (USPTO). You can save yourself this extra time, expense, and frustration by bypassing the errors that trigger a patent rejection.

The entire process is considerably complicated by the number of patent application rejection types. Patent examiners consider whether an invention is eligible, useful, novel, and enabled. If any of these descriptors don’t apply, then the examiner can request you for an edit. 

Rejections that are most likely to impact your patent application- 

• 102 (lack of novelty)
• 103 (the claimed invention is obvious)
• 112b (lack of adequate description)

Let’s take a look at each of these patent rejection types:

1. 102 Rejections

To obtain a design patent on an invention, one of the legal requirements under USPTO is that your invention must be new or novel. A design patent application may be rejected if a single prior art reference matches every element of a patent application’s claim.

2. 103 Rejections

Under this rejection, a patentable invention must be a non-obvious improvement over the prior art which means the examiner considers the invention at issue to be obvious.

3. 112(b) Rejections

Under this section, the specification shall close with one or more claims, especially pointing out and distinctly claiming the subject matter which the inventor regards as the inventive idea. The USPTO has interpreted this section as imposing two requirements: 

(A) The design patent claims must set forth the subject matter that the inventor regards as their inventive idea.

(B) The claims must especially point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant which means patent claims must clearly define the subject matter of the claims for your patent.

Other reasons why design patent applications get rejected:

1. Invention Is Obvious

 For the patent community, the term obvious refers to an objective test. It means that a single reference or several prior references render your invention obvious which means your claimed elements are also found in a prior application. There is a reason to connect those components and form your invention. 

2. Invention Is Not Novel

It refers to how unique your invention is. For your patent invention to be novel, there should be no prior mention, disclosure, application, product, or article that uses your invention or components of it. It becomes a question when your invention is too similar to something that has already been done before. Novelty and obviousness of the patent are not the same things. The novelty of the patent relies on a single reference for patent application rejection, while obviousness can use a combination of references to build the patent application rejection.

3. The Design Patent Application is generated Incorrectly

This patent rejection is why hiring an expert legal team is so important for patent application filing. When you file your patent application yourself, you are a pro se applicant. You set yourself up for rejection by applying for the patent. If you don’t represent your claim correctly, you will receive a rejection. Here are some pitfalls that patent applications fall into and trigger a rejection for patent application:

• Discussing element not properly introduced
• Directing the reader to material not presented in the written description
• Directing to material, not in the patent drawings
• Inconsistent use of terms
• Not written in proper dependent form
• Fall into one of the many pitfalls that are the minefield of patent application requirements, and you risk rejection, expensive surcharges, or a delay in your design patent application.

4. Non-Patentable Subject Matter Of The Application

This isn’t a common rejection, but it will be very difficult to overcome if you get it. You can patent almost anything, but there are some things that you can’t patent. For example:

• Physical phenomena
• Living things
• Mathematical equations
• Discoveries
• Abstract Ideas
• Method of medical treatment

You can save a lot of frustration by working with an experienced patent attorney from the beginning of your journey for a patent. They can explain the possibility of you being successful if you want to patent your invention that falls into a category on this list.

5. Issues with the Patent Drawings

There was a time when patent application drawings had a very strict set of rules and regulations they needed to obey. Despite those rules and regulations loosening, there are still several ways your patent drawing application can create problems. Do not use colors, shading, or greys in drawings. These can lead to the rejection of your design patent application. You also need to have the clearest drawing possible with no smudges, blurry lines, or stray marks. The purpose is to have the highest degree drawing possible when your design patent gets published. Because of this, even perfectly accurate drawings with grey lines that look black will get rejected. 

Have Your Patent Application Approved

As you can see, there are many traps you can fall into when creating your design patent application. The best way is to work with an experienced legal team that has the skills to create your error-free patent application.

Patent Practitioners or agents must be familiar with the implication of patent errors in design patent applications. Errors in patent drawings can be a problem at any time, but they are especially problematic for design patents. It can be very costly to fix these patent errors in issued design patents, which are often leftover in a patent application, during its drafting or prosecution and can undoubtedly result in an office action. While filing a design patent application majority of errors occur due to insufficient disclosures in patent illustrations or drawings. Some of the design patent mistakes, for example, incorrect dependencies in patent claims, might significantly limit even the scope of the design patent application. These mistakes or errors invite office action from the patent examiner and rejections from the U.S. Patent and Trademark Office (USPTO). The results of the design patent mistakes in the multiple parts of a patent are different. 

Sometimes extra fees, delays of design patents, denial of patents, or invalidation of awarded design patents results due to errors in the patents. Therefore, it is very crucial, although a difficult task, to proofread patent applications to identify discrepancies in design patent claims and specifications, such as missing antecedent references, claim numbering, incorrect status indicators, or inconsistent numbering of the patent claims or more so that it cannot harm your design patent drawing applications. Since the patent drawing IS the disclosure for a design patent, errors are likely to lead to the patent office’s rejection of the application.

Before filing a patent, you should ensure the capabilities of the professional patent illustrator to avoid unwanted office actions that can dig a hole in your pocket.

What is office Action?

An Office action is written correspondence or letter from the patent examiner at the United States Patent and Trademark Office (USPTO) issues to highlight design patent drawing application error that requires a properly signed written response from the patent applicant for the prosecution of the design patent application to continue. Design patent drawings must meet specific requirements as per the patent drawing guidelines provided by the USPTO. Moreover, the reply must be responsive to each ground of design patent rejection and design patent objection made by the patent examiner at USPTO.

Common Errors That are found in Design Patent and its Implications

If patent drawing applications are inconsistent, it also gets difficult to establish what a patent inventor is trying to patent. There are particular requirements that patent drawings for design patents must meet.

Let us discuss the common design patent drawing errors inconsistency to avoid office actions:

1. Failure to comply with drawing specifications: 

These specifications include some of the many very specific rules the US Patent and Trademark Office (USPTO) has for all patent drawings, applications including things such as the quality of the ink used in drawings and the size of the drawing paper and margins. The rules are very detailed. The best way to avoid rejections for failing to comply with the drawing specifications is to use a patent illustrator that has a lot of experience with patent drawings applications. 

2. Inconsistency in design patent drawing application:

If your design patent drawings are not consistent, then there is no way to determine what exactly it is that an inventor patenting. Design patent drawing must contain a sufficient number of views. These help to completely disclose the appearance of the claimed patent design. It must include front, rear, right, left sides, top, bottom, and perspective view of the patent design. These types of errors generally occur when the drawings or illustrations do not depict the parts of a proposed article in these views. Sometimes a patent application with inconsistent patent drawings will even make it through the patent office and be allowed, only to be found invalid in the event of a lawsuit.

3. Non-enablement of patent application:

One of the requirements for design patent drawings is that someone “skilled in the art” should be able to create the object by relying on the patent drawings in the disclosure.

4. Ambiguity in design patent application:

Ambiguity in patent applications may occur if you don’t have enough drawings. As with the non-enablement of the patent application, additional patent drawings could prevent rejections for ambiguity.

Benefits of error-free design patent Drawings Applications

Accurate and clear patent drawings strengthen and enhance your patent drawing applications and help patent examiners at US Patent and Trademark Office (USPTO) who are already overburdened with the patent applications to understand your patent inventions faster. Getting the patent drawing applications correct in the very first go saves the efforts put in by the patent illustrator or patent practitioner. Error-free design patent drawings also reduce the cost of acquiring a patent, delays, denial of patent, or invalidation of awarded patents, and more. 

Conclusion:

Errors in the patent drawing application might prove fatal and bring uninvited trouble to the owner of the patent application. To avoid such unpleasant circumstances proofreading a granted patent or a patent application becomes inevitable. One of the best ways to avoid problems with rejected patent drawings is to use an experienced patent illustrator, such as Invention Patent Drawings, to create your patent drawings.

USPTO design patent drawings disclose the ornamental appearance claimed for an article. Prepare a consistent set of views and check the sheet format, line treatment and figure descriptions before filing. The requirements concern both what the figures show and whether the filed drawings reproduce clearly.

If your source materials need organising into consistent figures, discuss a drawing-set brief with Menteso.

USPTO Drawing Margins and Sheet Size

Under the drawing standards summarized in MPEP 507, use A4 sheets (21.0 × 29.7 cm) or U.S. letter sheets (21.6 × 27.9 cm). Minimum margins are 2.5 cm at the top, 2.5 cm at the left, 1.5 cm at the right and 1.0 cm at the bottom. Keep the usable drawing area within these limits.

Check the final exported document at its intended page size. A drawing that fits in a design application can still be clipped or scaled incorrectly during export. Distinguish drawing-sheet standards from the separate formatting requirements for written application papers.

Views That Disclose the Design

Plan enough views to disclose the design clearly, commonly including perspective and appropriate front, rear, side, top and bottom views. Review justified omissions and descriptions with the responsible practitioner. Confirm that shared features align across views; do not let a perspective rendering contradict the orthographic set.

Lines, Shading and Unclaimed Subject Matter

Clear line work and appropriate surface shading help communicate contours and surfaces. Broken lines may depict subject matter that is not part of the claimed design, with the required explanatory treatment. Decisions about claimed and unclaimed features should follow the filing strategy and professional review rather than a draftsman’s assumption.

The USPTO design patent application guide explains drawing disclosure, shading, broken lines and the special requirements for photographs or color material. Check those rules before substituting photographs for drawings or preparing a color submission.

Design Drawing Review Checklist

Compare all views against the same approved source model or photographs. Check feature consistency, figure numbering, descriptions, shading, margins and final legibility. Keep revision notes so the reviewer can see which features changed and why. Resolve ambiguity before filing: later corrections cannot simply add missing disclosure.

A design patent concerns ornamental appearance; a utility patent addresses functional inventions. Use the patent application guide to compare preparation steps. For drawing support, review Menteso patent drawing services and send a brief describing the article, available source material, intended office and required views.

A patent is a right that is granted to the inventor. Before applying for design patent, an inventor must identify which type of patent their invention is.

Types Of Patent are:

1. Utility Patents: It covers the invention of a new or improved product, process, or the machine. 
2. Design Patents: This patent right is granted to inventors that have invented a new, ornamental design for an article of manufacture. 

Before applying for a patent, inventor and startups should ask three questions to themselves:

These 3 questions will help you to decide when you are ready to file a patent for your invention:

1. What makes my invention new?

Take a good look at all the related products and technologies and determine what makes your invention different from everything else. It will give you a better understanding of your invention’s value.

2. Is Your Invention or Idea Novel?

Before filing a patent, you have to know more than what is new about your invention or idea. You have to know that if your invention is novel or not.

3. Are You Ready to File a Patent Application for your invention?

Before filing a patent, be assured that you have a good idea of your invention’s novelty and if you have sufficient of a patent application to persist patent prosecution. This will help you to file the best patent application that you can.

So here are the top tips you should know before applying for patenting invention:

1. Work in an inventor’s notebook: It is a great way for documenting and measuring progress as you test and refine your designs.

2. Do market research: Take the time to do your research to see if your idea is even worth it. These few simple questions you can answer by visiting your local stores or doing some online searches.

• Will your product sell?
• To whom?
• Where? Online? At stores? 
• How will it be sold? 
• At what price? 
• Who is your competition?
• Why is your product idea different?

3. Admissions – Be careful with what you say: One big problem independent startups and inventors face when they choose to express themselves is concerning the very real obstacle of admissions. Those who are expressing themselves should be given relevant references before they file a patent application or say anything during the prosecution of a pending patent application. Everything the inventor does say can be used against them.

4. Determine whether your concept has passed the invention barrier: We cannot patent an idea. The solution is to take that invention idea, test it, refine it, redesign that idea. Every step will take you closer to a tangible invention that is patentable.

5. Acquire and use a non-disclosure agreement: Non-disclosure agreements are contracts that can be used to defend against infringement in ways that a patent cannot.

6. Join an inventors group: It will give you access to the people just like you. 

7.  Make a simple prototype or mock up of your invention idea: It will help you explain clearly how your invention works and how it solves queries for potential customers. 

8. Make sketches and 3D models of your invention: It will help you tweak and make adjustments to your invention. It is an inexpensive way to present ideas without having to make a perfect prototype.

9.  Learn about the processes your product will need to be manufactured: Learn about the expenses of manufacturing your product or invention. Visit maker places in your area. Talk to people in the industry your product is concerned. Before researching the process you are inquiring about, make your first phone call for getting even a rough idea of what is going on that will help you ask the right questions and get the most out of every intercommunication. 

10. Get a design for manufacturing/design for assembly (DFM/DFA): If you’ve done your market research, understand the processes and costs necessary to produce your invention, and have a basic design for how your invention will work, you now need to have an expert design it specifically for the process in which it will be manufactured.

11. If necessary, file a provisional patent application (PPA): Provisional patent drawings can be your friend. This will give you some time to work on your invention and show manufacturers, investors, and others that you know the process and are serious about guarding your intellectual property. You can also search for a lot of information online about provisional patent applications. 

12. If you fear being specific don’t seek a patent:  If you are afraid to be specific in a patent application then you really should not be seeking a patent in the first place. Instead, you should be keeping what you have invented or what is your invention to yourself as a trade secret to the greatest possible extent.

What else you need is to include additional fees for filing, search, and examination purposes.

Get a brief understanding of the patent illustrations techniques and its importance in protecting the appearance of your inventive idea. 

An inventive idea is better defined when its information is accompanied by a comprehensive and accurate illustration. A visual depiction of any invention or idea helps the patent examiners understand what it’s all about.

Various categories in which ideas can be depicted noticeably & professionally.

• Design Patents (ornamental design of a functional item for which legal protection has been granted).
• Utility Patent Drawings.
• Software-related Patent drawings.
• Trademarks Patent Drawings.
• DNA (DNA structures, DNA Chain links, DNA coding).

Patent Illustration Techniques that will help you to adopt a better patent filing methodology:

• Patent Drawing in the traditional method: Drawing with pen, ruler, and instruments used by the people down by the ages.
• Patent Drawing in modern method(2D 3D modeling tools): There are several reliable and advanced patent drawing software available now that provide a lot of advantages and functionality which improves the overall patent designing experience.

1. AutoCAD – Most reliable commercial computer-aided design and drafting software. 

2. MS Visio – Used to draw a variety of diagrams including flowcharts, floor plans, data flow diagrams, and building plans, 3D Maps, and more. 

3. CorelDRAW – Used by professionals in designing logos, brochures, cards, and any other kind of vector designing. 

4. Autodesk Inventor – Used for 3D mechanical drawings 

5. SolidWorks – Used solid modeling program that enables designers to create models, assemblies, and parts in the most professional and reliable way.

Role Of Patent Illustrator

Patent Designers are technical and creative persons that are well aware of the different tricks and techniques used in patent illustrations with high precision and accurate technical details. 

They have a thorough knowledge of filing requirements for patent drawings at the United States Patent and Trademark Office (USPTO), European Patent Office (EPO), and other global patent offices.

A patent illustrator comes up with multiple views of those products that describe the invention perfectly. 

Compared to the traditional method of patent illustration, the modern method & advanced patent drawing software helps to make stunning and accurate illustrations easily in less time.

From the above discussion, Patent illustration techniques and importance will help you to employ which methodology to patent your inventive ideas

If you’re an enthusiast inventor who believes in giving wings to your creativity then you might need patent illustration services when you’re about to draft your claim. 

You need to describe your invention with precision through non-provisional patent drawings, which can be made by hiring professional illustration service providers. 

The purpose is to ensure that your invention is quite different from all the inventions that were earlier patented and eventually provides value to solve an issue. 

Here’s a quick introduction regarding patent illustrations and why you need professional technical illustration services. 

You can Achieve the Best Disclosure through Patent Drawings: 

Your patent drawing is quite useful in the way that it offers a reference to the readers who are going through your description of the patent. You can showcase several features and functionalities in the drawing of your invention, which is essential to get your patents approved while submitting. 

You must rely on professionals with years of experience in providing the finest patent illustration services that further ensures your patents aren’t getting rejected. You can explore the internet to find the most reliable services as per your business requirements. 

You have to Ensure Patent Drawings follow the Regulation:

Many people aren’t aware of the fact that the design patents must strictly follow a particular requirement. These regulations state that every patent must be drawn on a particular sized sheet along with precise margins and the type of paper should be given proper emphasis. So, you must be very careful while you’re choosing your patent drawing service provider to ensure everything is up to the mark and you have a greater chance of getting approval. 

How to Find the Best Illustration Services 

You can always find the best service providers when you need to file a patent for your invention by researching the internet. The ones with better reviews and adequate years of experience can be considered for your patent needs. You can always go through the feedback of clients to know more about the overall quality of services delivered by a service provider. 

Whenever you’re about to submit a patent, it’s crucial that your application stands out of the league and must depict everything in detail. 

No matter if you’re submitting an engineering drawing or utility drawing for any invention, your drawings play a significant role in getting approval. 

But most of the time you may be confused between two terms- Utility Drawings patents and Design Patents. People aren’t able to decide which is better when compared. 

But the real distinction between utility and design patent is usually the difference in protecting design (how it looks) vs. utility (how it works). 

Design patents are ornamental design which is usually considered by those who are concerned about their competitors who may copy their design. One can apply for a design patent if they want to ensure that their designs remain unique and no one could copy them. 

On the other hand, if your main focus is on protecting the features and functionality of your new concept, you must apply for utility drawings patents. Although, some cases may require the applicant to file utility and design patent applications. Submitting a design patent or utility patent entirely depends on your project and overall requirements. 

As per the industrial experts, it is important to understand the aspects that may lead to the rejection of your patent. This simply means you must consider relying on design patent professionals that can lend a hand in providing the best designs that have a higher chance of getting approval. 

So, it’s always a great decision to seek professional help whenever you’re about to submit your patent application form. 

Drawings are perhaps the most crucial part of your design patent applications, which describe your utility patent or application quickly. You need to ensure that your drawings must depict what is being claimed in an invention. 

Some people ignore the importance of utility patent drawings, which shouldn’t be done since your drawings provide the complete meaning of your patent, which otherwise could be quite difficult to understand. 

So, you just can’t neglect the importance of drawings if you wish to describe clearly what your utility patent is. Let’s have a quick look at the utility patent drawing requirements.

Patent Application Process Rules 

If you are about to submit a patent drawing and unsure about the overall process rules, here’s the list of rules that you must strictly follow while submitting a patent drawing. 

• Always prefer black and white colors.
• Your drawing must include the application number along with other crucial details including- applicant’s name, inventor’s name, and inventor’s identification. 
• The size of the application drawing must be 11×8.5 inches and should be in white. Also, it must be flexible, non-shiny, and plane.
• Avoid solid shading. You can always prefer patterns
• Make sure you use correct numbering as per the guidelines for every part. 

Guidelines by USPTO

It is always a great decision to go through the guidelines offered by USPTO to better understand the overall process of submitting your application for utility patent drawings. Here’s what you need to focus on:

• Ensure your drawings are neat and clean and must have clear depiction through adequate use of numbers, symbols, texts, and graphs. 
• You need to invoke the potential of your creativity to make the drawings more appealing. 
• Make sure that there should be no overwriting and the entire drawing should be neat and clean while you are submitting. 

These are some of the requirements that the inventor must keep in mind while submitting utility drawings. Furthermore, it is advised to consider consulting professional utility patent drawings services if you face any issues in creating patent drawings for your invention. 

Hiring professional service providers is a great way of ensuring that your patent drawings get quick approval, which further saves your time and effort. 

Receiving a rejection for your patent application could be the most disheartening thing. You may spend long hours designing your patents but knowing that it isn’t up to the mark could be quite annoying.  

Many reasons may lead to a rejection of a design patent application. It’s important for you to understand the reason behind the rejection and to work precisely on improving your application. 

Whether it’s inconsistency or ambiguousness, one simply cannot expect their application approval if they haven’t put their best efforts. 

Here we’ll be discussing the top rejections for design patent applications that can be avoided by considering a few crucial aspects. 

102 Rejections 

If you are expecting a patent on innovation in the United States, it’s crucial to understand the legal requirements that would decide whether your patent would be approved or not. 

Most of the patent application drawings could be rejected under 35 U.S.C. § 102 if there’s a single preceding reference match every element of your application’s claim. 

Reports claim that 102 rejections are quite consistent over every technology center. Mechanical engineering as well as the manufacturing industry is widely impacted more than the other industries. 

You can always seek professional help if you’re not aware of submitting a patent drawing for manufacturing or mechanical engineering. 

103 Rejections 

The § 103 rejection could be caused if the invention doesn’t have a non-obvious improvement as compared to the prior art. The examiner may consider the invention to be obvious and the applicant is asked to further improvise the design. 

This 103 rejection is mostly seen in the field of computer networks, security, or cryptography. It is always a great decision to hire professional patent drawings services if you’re facing issues in submitting your patent application. 

These professionals could surely help you in submitting your patents and minimizing the chances of rejection. 

112(b) Rejections

Another common rejection is the 112(b) rejection, which can occur is the claims aren’t setting forth the subject matter that is claimed to be the invention. Moreover, the claims should essentially point out along with a proper definition of the subject matter, which is to be protected. 

Again, seeking professional help could be the game-changer if you’re still unable to understand the issues with your patents. 

Patent drawings play a crucial role in enhancing your brand repute whenever you’re about to submit your patent ideas. 

But are you aware of the software and overall process involved in creating patent drawings? If your answer is no, you’ve landed at the right spot! 

There are several professional tools that are being utilized by avid designers across the world. These tools and software provide a lot of advantages and functionality that improves the overall patent designing experience. 

Here we’ll introduce you to the software that is used in making patent drawings and how they help you depict your ideas noticeably & professionally.

AutoCAD 

It’s one of the most reliable commercial computer-aided design and drafting software, which is designed by Autodesk. It has an internal graphics controller to create 2D or 3D drawings with the help of layering and thus providing professional drawing capabilities. 

MS Visio 

Microsoft Visio is professional software that is used to draw a variety of diagrams including flowcharts, floor plans, data flow diagrams, and building plans, 3D Maps, and more. 

It helps the user to precisely craft diagrams, visuals, and graphs that flawlessly depicts the detailed information about a product. 

CorelDRAW 

CorelDRAW is designing software that is entirely vector-based and is used by professionals in designing logos, brochures, cards, and any other kind of vector designing. 

It’s one of the most preferred designing software utilized by professional graphic designers to design patent drawings. 

Autodesk Inventor

Autodesk Inventor is a computer-aided designing software that is widely used for 3D mechanical drawings by professional designers across the globe. 

Autodesk inventor online can be used for product simulation, mechanical drawing, and other designing purposes for engineering. 

It’s a dimension driven computer-aided design, which is used in visualization simulation and also for documentation.

SolidWorks

SolidWorks is a widely used solid modeling program that enables designers to create models, assemblies, and parts in the most professional and reliable way. 

Models in this application are first created in 2D sketches and later can be extruded into 3D by using a variety of SolidWorks tools. You can also upload the solidworks patent drawings on our website, created with the solidworks.

These are all the tools that are used widely by professional designers to give wings to their patent design ideas.