Can a design patent show a specific material or composition of matter?

Can a design patent cover a type of material?

We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. But what if the unique appearance of your product comes from its material? Can a design patent show a specific material, substance or composition of matter? In other words, can you use a design patent to cover what your product is made of?

Suppose your design is composed of silicone, glass, wood or any other unconventional materials compared to that of existing products. And that new material is what gives your product a unique look. Let’s see how you can carefully craft a design patent application to capture specific types of materials.

Can the design patent title describe what the product is made of?

You may be able to include the specific material in your design patent title. For example, add “WOODEN” or “RUBBER” to the title to describe the product’s material.

Be careful though. Do you really want to limit your design patent to a specific type of material? What if competitors copy your design using a different material? You do not want to unnecessarily limit the scope of coverage by creating opportunities for competitors to avoid your patent.

What if only certain components of product are made of a specific material? Your design patent title can specify those parts and their composition. For instance, you can title your design patent application as “[product] WITH GLASS [components]” or simply “GLASS [components]” if you are not claiming the overall product.

Can design patent drawings show that your product is transparent or made of glass?

Design patent drawings can show that the product is made of glass or some type of transparent material. Teamwork is key to a smart IP filing strategy. Make sure to inform your patent attorney that certain materials create the unique appearance of your design. That way, proper instructions can be given to the illustrator to draft the design patent drawings a certain way. An experienced patent attorney working in combination with a skilled illustrator can help produce design patent drawings that show certain materials where possible.

Here are examples of design patent drawings showing transparent materials.

design patent drawing - transparent materials
https://www.uspto.gov/patents/basics/types-patent-applications/design-patent-application-guide

What are ways to show different materials in design drawings?

You can use surface lines and cross-sectional views to indicate specific types of materials in design patent drawings. The USPTO has also prescribed the following symbols or draftsmen to indicate specific materials:

design patent symbols for draftsmen
Symbols for Draftsmen from https://www.uspto.gov/patents/basics/types-patent-applications/design-patent-application-guide

What if you want to protect only a part of the product?

Is a certain part of the product made of a visually unique substance? If so, you can take a few approaches. First, ask about the strategic use of broken lines to disclaim the remainder of the product that you want to exclude. Second, the component you wish to patent can be drawn carefully to indicate the material, if possible. Third, you can use the title to identify the product part along with its composition.

Need to file a design patent application for a specific material?

Reach out to US patent attorney Vic Lin via email or call (949) 223-9623 to see how we can customize your design patent application to cover a specific material.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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