Q: If I file a design patent application, do I place “patent pending” or design patent pending on the product? Also, is shading still necessary on design patents? Can I have different embodiments on a design patent to protect against small changes? Thank you.

A: Once a design patent application is filed with the USPTO "patent pending" may be included on the commercial product in which the design is embodied.

Also, while surface shading is no longer required by 37 CFR 1.152, applicants are encouraged to include surface shading on the claimed design shown in the drawing so as to clearly understand its shape and contour.

Multiple embodiments of a single design concept may be included in a single design patent application so long as the shape and appearance of the embodiments are not considered to be patentably distinct from each other.