Updated: Nov 19, 2020
When it comes to patent illustrations, no drawing is more fearsome to some patent illustrators than design patent drawings. Some of the first rejections an illustrator gets is due to faulty design drawings. When their drawing gets rejected, in many cases they are not certain why it was rejected. They may try to fix it only to get it rejected again and again. Indeed, design patent drawing is what separates a general Graphic Designer or CAD user from a true Patent Illustrator. Even among Patent Illustrators I like to believe that PIs who are Design Patent Drawing Experts are like the Special Forces among regular patent illustrators. And they are very very few in number. To all great Design Patent Illustrators out there: Keep up the good work. You are the best of the best!
When it comes to Design Patent Drawing, experience counts. The illustrator cannot simply prepare a drawing and "hope" the drawing gets accepted by the USPTO, he must "know" it will get accepted. Not knowing can be compare to a driver taking you to a destination blindfolded. Would you sit in a taxi with such a driver? Certainly not! Like a master chef knows the palate of his patrons, the patent illustrator should be able to think like the Examiner because he is preparing the drawing for the Examiner. Patent Examiners are not looking to reject your drawing, as it may appear. Instead, they want to see you succeed because when you succeed they succeed. Notwithstanding, they can get pretty blunt when you or your illustrator disregard what's required to successfully communicate your design. We know this from many rejected drawings that was initially created by another illustrator and brought to our firm for correction. We have reviewed thousands of Office Actions. If you give the examiner what they want, you will get your patent granted fast. The goal is to shoot for 110% accuracy so that if there is a rejection, it will be very minimum, something that can quickly be fixed.
The Role Of Patent Attorneys
The Patent Attorney plays a big role in the success of a Design Patent Application. I personally love working with patent attorneys because they are easy to work with. Though they are well versed in the patent process and IP Law, and though many are executives and presidents of their firms, they are willing to listen to us and get our opinion, they are very easy to work with and I've gain great insight in the patent process working with attorneys around the country. Patent Lawyers should fight for patent illustrators and should not hesitate to stand up for their preferred illustrator when it comes their credibility or the illustrator's price. They should also note the illustrator's insight, viewing them as a partner instead of simply a tool: I remember noticing an attorney defending my rates in an email chain and my reason for the rate. It prevented his client from having this similar problem later. Patent Attorneys trust that we will create the best drawing every time. We work together as a team for a common goal, getting the patent granted for our mutual client.
Whatever you do, don't try to cut cost by hiring an inexperience patent illustrator, especially for design drawing. It may not only end up very costly financially in the long run, it could lead to a fatal rejection. The benefit is often experienced many years later See: Bad Drawing. If you really look at it, for Design Patent Drawing the patent illustrator is pretty much doing a bulk of the work especially if he or she is an experienced patent illustrator. Down the road if there's an Office Action the original Patent Illustrator is usually called upon to fix it. In my opinion, for Design Patent Drawings, Patent illustrators should be paid whatever they ask for if the inventor can afford it. There are no going rates because no two projects are the same.
We at ASCADEX Patent Illustrating Services have created design drawings for some of the most complex shapes there is, with 100% accuracy. This is possible due to our secret proven method, which I will not disclose here (Our Trade Secret). Like a master chef described above, we know exactly what the examiner needs in a drawing, like we've worked within the same firm before. When preparing the drawing, I put myself within the Examiner's position. We create drawings that actually calms the Examiner down and makes their work easier, thus leading to success for our clients. No kidding!! For this reason, Patent Law Firms and Examiners alike love our work. For IP Law Firms, we proved ourselves as their preferred patent Illustrator.
The core of a Design Patent Application lies within a well executed-drawing. With an experienced illustrator and a good IP attorney, you can expect a solid design patent drawing that is not only sure to be granted by the USPTO, but also one that will serve as a good public record for many years to come.
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