Guide For The Preparation Of Patent Drawings

A collection of the most pertinent rules pertaining to patent drawings, since drawings form an integral part of a patent application. Appendices include: drawing symbols, examples of correct & incorrect drawings, simulation showing inking of linesÓ, plus much more.Encompasses the objective of worldwide harmonization. Over 100 drawings.

Protect your invention.This edition of the Guide for the Preparation of Patent Drawings replaces the edition published in October 1993.Eighteen-month (pre-grant) publication of utility and plant applications has led to major changes in the way utility and plant drawings are processed by the United States Patent and Trademark Office (USPTO). See the section titled PROCESSING OF DRAWINGS, beginning on Page 3. The section titled SELECTED U.S. RULES OF PRACTICE RELATING TO PATENT DRAWINGS, beginning on Page 7, shows Title 35, United States Code, Section 113 and the drawing rules from Title 37, Code of Federal Regulations. In some instances the rule is followed by additional information under the heading COMMENTS. With respect to the review of drawings in the U.S. national stage of international applications, Appendix 1 shows Manual of Patent Examining Procedure (MPEP) 1893.03(f) (Drawings and PCT Rule 11). With respect to Patent Cooperation Treaty drawing rules, Appendix 2 shows PCT Article 7 (The Drawings), PCT Rule 7 (The Drawings), and relevant portions of PCT Rule 11 (Physical Requirements of the International Application). Conventional symbols are discussed and shown in Appendix 3.Appendix 4 presents examples of drawings, each of which serves to illustrate one or more of the drawing standards set forth in 37 CFR 1.84.Appendix 5 shows Form PTO-948 (NOTICE OF DRAFTSPERSON'S PATENT DRAWING REVIEW) as revised in April 2002. PROCESSING OF DRAWINGSReview of Drawings by Office of Initial Patent ExaminationUtility drawings and plant drawings should be publication-ready at the time the application is filed. In utility and plant applications filed on or after November 29, 2000 (other than continued prosecution applications), the Office of Initial Patent Examination (OIPE) will review the drawings at the time of filing to make sure they are of sufficient quality for publication. (Since design applications are not subject to eighteen-month publication, drawings filed in design applications are not reviewed by OIPE.) The procedure for review of drawings in the Office of Initial Patent Examination is described in Section 507 of the Manual of Patent Examining Procedure (MPEP), Eighth Edition (August 2001). The Office will enter the publication-ready drawings, and any replacement drawings that applicant files pursuant to MPEP 507, into an electronic database. When the time for eighteen-month publication comes, the drawings in their electronic form will be used in the creation of the patent application (pre-grant) publication. After the application has been allowed, the issue fee has been paid, and any new drawing requirements (including any corrections) have been satisfied, the physical drawing sheets will be captured and used in the creation of the patent (grant) publication. Review by Office DraftspersonThere is no requirement that drawings be reviewed by an Office draftsperson. Drawings will be reviewed by an Office draftsperson only if the examiner seeks the draftsperson's assistance in identifying errors in the drawings. If an Office draftsperson reviews the drawings and finds that they are unacceptable, the draftsperson should complete a NOTICE OF DRAFTPERSON'S PATENT DRAWING REVIEW (Form PTO-948) and provide it to the examiner. On Examiner's First (Non-Allowance) ActionThe examiner will make sure the drawings are correctly described in the specification's brief description of the drawings and in the specification's detailed description of the invention. See 37 CFR 1.74 on Page 9 of this drawing guide. If a NOTICE OF DRAFTSPERSON'S PATENT DRAWING REVIEW is present in the patent application's file, the notice should be mailed with the examiner's first written communication to the applicant. If the examiner sees any additional deficiencies in the drawings, he or she should note those deficiencies in an Office action.

The authoritative guide to the preparation of patent drawings for filing in the United States Patent and Trademark Office. This is USPTO's own guide, which went out of print and is reprinted here. Two small sections by an experienced practitioner (Carl Oppedahl of Oppedahl Patent Law Firm LLC) have been added -- a section on best practices for creating drawings for electronic filing, with examples of ways that USPTO's systems can degrade perfectly good drawings and tips for avoiding such problems, and a section on best practices for creating drawings for design patent applications. PROCESSING OF DRAWINGS Review of Drawings by Office of Initial Patent Examination Review by USPTO Draftsperson On Examiner's First (Non-Allowance) Action On Examiner's Subsequent Actions On Allowance After Allowance SELECTED U.S. LAWS AND RULES OF PRACTICE RELATING TO PATENT DRAWINGS 35 USC 113 Drawings 37 CFR 1.58 Chemical and mathematical formulae and tables 37 CFR 1.74 Reference to drawings 37 CFR 1.81 Drawings required in patent application 37 CFR 1.83 Content of drawing 37 CFR 1.84 Standards for drawings 37 CFR 1.85 Corrections to drawings 37 CFR 1.96 Submission of computer program listings 37 CFR 1.121 Manner of making amendments in applications 37 CFR 1.151 Rules applicable [Designs] 37 CFR 1.152 Design drawings 37 CFR 1.161 Rules applicable [Plants] 37 CFR 1.165 Plant drawings 37 CFR 1.171 Application for reissue 37 CFR 1.173 Reissue specification, drawings, and amendments 37 CFR 1.211 Publication of applications 37 CFR 1.215 Patent application publication 37 CFR 1.437 The drawings [International Applications] 37 CFR 1.530 Statement by patent owner in "ex parte" reexamination; amendment by patent owner in "ex parte" or "inter partes" reexamination; inventorship change in "ex parte" or "inter partes" reexamination Article 7 of Patent Cooperation Treaty and Selected PCT Rules Pertaining to Drawings Symbols Drawing Examples Black ink Black ink [computer screen image] Identification of drawings Graphic forms in drawings [chemical formulae] Graphic forms in drawings [waveforms] Graphic forms in drawings [DNA structures] Views Exploded views Partial views Sectional views Alternate position Modified forms Arrangement of views Front page view Character of lines, numbers, and letters Shading [spaced lines] Shading [stippling] Symbols Legends Numbers, letters, and reference characters Lead lines Arrows Copyright or Mask Work Notice Numbering of sheets of drawings "

Help Available for Labelling Your Drawings PATENT DRAWING LABELLING Now that you have had your patent drawings completed by the patent illustrator, the next step is to label your drawing. "Label the drawing? What is that?" I get this from inventors all the time. In this chapter we will discuss what is the purpose of adding reference lines and numbers on a drawing, and how a well labeled drawing can help you write a good provisional patent specification. We will also show you how to label your drawing yourself. Why Label Your Drawing? Labelling the drawing is one of the most important part of preparing your patent application. Many inventors do not know why the drawings are labelled. When you send your invention document to the patent office, you will not be there to explain the details of your invention, you will not be able to pull your invention apart and explain how things will work. The drawing, the reference numbers and your written explanation will do the explaining for you. Therefore, what you explain is very important. Think about it like this: Provisional and Non-Provisional Patent drawings are created to be explained. The explanation of the invention is in the drawing. The drawings can only be explained properly by use of reference numbers and lines. The reference numbers are names of parts of the invention and the reference lines can be compared to your finger pointing to the parts you are explaining. If the drawing is not properly labelled it cannot be explained properly. If the drawing is not explained properly the strength of the invention will be weak. After a drawing is filed, you cannot come back to explain something new or something you forgot to mention. How to make sure your drawing is properly labeled?What if you don't know how to label a drawing? Many inventors offer to pay us to simply help label their drawings. Labelling the drawings can be very expensive because it takes time and good arrangement. Fortunately for you, you don't have to worry. The book will guide you in every step of the way. It explains the details of labelling your own drawing in an easy to follow way. If you still feel you will need help after reading this book, you can always ask the author of the book at ASCADEX for assistance. Let's begin by first pointing out the wrong way to label a drawing. Knowing the wrong way and why it is wrong will help you understand how to label your drawings the right way. When preparing their application, both the inventor and the patent attorney rely on the patent illustrator for good drawings that will bring out the invention. The difference between the two is that the attorney will label his drawing better than the inventor would, which will lead to better explanation on the part of the patent attorney. Take for example the example drawing (EX-1) shown in this book. As a patent illustrator, as soon as I learn that an inventor will be preparing his own application I usually make it my personal responsibility to guide them on the right path. I will try my best to produce the best drawing for my inventor clients with the hope that like the patent attorney, they would know how to label the drawings after it is completed. I sometimes include extra drawings without charge that I think they may need to help make their application stronger. After preparing all the wonderful drawings and emailed them to the inventor as shown in example drawing (EX-1) to be labelled, some inventors may label their drawing like what is shown in image (EX-2) below.