The present disclosure relates to a method which includes generating a device layout of an eBeam based overlay (EBO OVL) structure with a minimum design rule, simulating a worst case process margin for the generated device layout of the EBO OVL structure, enabling a plurality of devices for the simulated worst case process margin for the generated device layout of the EBO OVL structure, and breaking a plurality of design rules for the enabled plurality of devices of the EBO OVL structure to generate an OVL measurement layout of the EBO OVL structure.