Patent drawings: What you need to know

What is the purpose of utility patent drawings?

We all (should) know that the figures, i.e., patent drawings, do not define the claimed invention in a utility patent. The claims do. So what is the purpose of drawings in a utility patent?

Drawings are an important component of the overall disclosure in a patent. Features shown in the patent figures provide support for the claims. Generally, you cannot claim a feature that is absent from the drawings.

How difficult is it to amend drawings?

There is not much flexibility to add new features to drawings once a patent application is filed. You can, of course, file a CIP application where the drawing changes would be considered new matter. An argument can be made that certain features were originally disclosed in the written specification, so adding such disclosed features to the drawings would not constitute new matter. It will be up to the examiner on whether such drawing amendments will be allowed.

Replacement drawings to clarify original figures are generally more acceptable. Perhaps certain original figures were fuzzy or otherwise unclear. It is also proper and advisable to replace any initially filed informal drawings with formal drawings.

Common drawing amendments also include inserting missing numerals or correcting mislabeled numerals.

How are utility drawings different from design drawings?

In a design patent, the figures are typically limited to a single embodiment. Design figures must meet strict drawing requirements and show the claimed design from certain views/angles (e.g., front, rear, top, bottom, left and right).

Utility patent drawings do not require any particular views. Utility patents commonly include drawings showing several embodiments, or examples of the invention. If a utility application involves a mechanical invention, it may help to show exploded and cross-sectional views to provide adequate disclosure of components and the internal parts of a device. Operative views that show a device in use in an intended environment may also be helpful.

Utility patents may also include block diagrams and flowcharts, especially when business methods and software are involved. Method diagrams may help to provide support for method claims, even when the overall nature of the invention is more directed to an apparatus.

Should you hire a professional patent illustrator or do the drawings yourself?

Do-it-yourself drawings might be fine if you’re filing a provisional patent application. In a nonprovisional patent application, I would recommend professional patent drawings if time permits. Illustrator fees are relatively low in comparison to patent attorney’s fees. Any potential cost savings in DIY drawings in a nonprovisional application may be exceeded by the time and expense of having to correct the drawings subsequently during prosecution. We generally recommend having a nonprovisional application prepared properly upfront to avoid delays and further expenses down the road.

For design patent applications, we always recommend using patent illustrators with substantial experience in drafting design patent drawings. Submitting proper design patent figures with the initial filing can save the applicant from a potential design Office Action which, in most design applications, involve objections to the drawings.

How to number patent figure labels

At times, the figures may be correlate to each other and, therefore, contain the same number followed by a letter (e.g., FIG. 1A, FIG. 1B, etc). Make sure to use capital letters in the figure label. Lowercase letters in the figure label will likely to lead an objection by the USPTO.

If a PCT or foreign priority application contains lowercase letters in the figure labels, make sure to change them to uppercase in both the drawings and the specification of the US patent application to be filed.

Need to resolve patent drawing issues?

Contact US patent attorney Vic Lin by email at vlin@icaplaw.com or call (949) 223-9623 to see how we can help you file correct patent drawings that comply with USPTO requirements.

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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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