Better drawings make a better patent

• Author: Bernadette Marshall
• Position: President, NB Graphics & Associates, Inc.
• Pages: 20-22

“A picture speaks a thousand words.” That ancient

adage certainly holds true in the case of patent

drawings. An invention can often be more easily

explained through drawings than in reams of de-

scription. Accurate, clear drawings strengthen

and enhance patent applications, helping over-

loaded patent examiners to understand inven-

tions faster.

Simple, clear and precise images also help to in-

struct judges in cases of patent infringement, of-

ten clarifying the patent owners’ claims and

clinching the decision in their favor. Drawings can

also work in favor of patent holders in negotiating

damages or a settlement. Even more important,

meticulously prepared drawings that make the

patent understandable and unambiguous may

mean potential infringers will think twice about

copying. The earlier infringement is deterred the

better it is for patent owners.

Patent filers should not underestimate the impor-

tance of drawings in their applications. Patent of-

fices apply specific criteria concerning the techni-

cal details of drawings they accept, but attention

must be paid to more than just meeting those re-

quirements. A patent applicant’s safest option is to

use the services of a professional draftsperson spe-

cialized in technical patent drawings and knowl-

edgeable of the various demands of patent offices.

Technical specifications

Many patent offices now accept drawings sub-

mitted on anything from paper to digital media,

but specifications on shape, size and form often

vary. For example, for filings on paper, some

patent offices require that flexible sheets be used

while others specify rigid cardboard. Beyond the

media itself, there can also be significant differ-

ences in the drawing specifications when it

comes to, for example, surface shading, broken

lines and line thickness.

Drawings must meet the requirements of (a) the

country where the patent is filed, (b) the U.S.

Patent and Trademark Office (USPTO), for filings in

the U.S. and (c) the Patent Cooperation Treaty

(PCT) for international applications. The PCT spec-

ifies how patent drawings are to be created and

submitted in its 142 contracting states.

Some requirements are universal to all patent of-

fices: drawings must be clear, in black and white

and have solid black lines. The main difference

between drawings for the USPTO and PCT filings,

for example, is the size of the paper on which

drawings can be submitted. The USPTO allows

letter size paper or A4, while the PCT only accepts

size A4. Margins remain the same whether filings

are done on A4 or letter size pages.

PCT drawings

The PCT only requires drawings where they are

necessary for the understanding of the invention.

This will be the case for a mechanical or electrical

invention. It will not be the case when an inven-

tion cannot be drawn, as is the case for a chemi-

cal product. In each of the drawing figures, refer-

ence signs or numerals for the various elements

in the drawings are to be provided, and corre-

sponding explanations of their function and op-

eration included in the description.

Utility patents

There are strict requirements for drawings of util-

ity patents. They should be prepared in the cor-

rect scale ensuring that lines, numbers and letters

are “sufficiently dense and dark and uniformly

thick and well defined” – enough to give them

“satisfactory reproduction characteristics.”

Depending on the invention, tables, chemical or

mathematical formulae, waveforms of electrical

signals and symbols can also be used.

APRIL 2010

20

BETTER DRAWINGS

MAKE A BETTER

PATENT

This article is by Bernadette Marshall, President, NB Graphics & Associates, Inc. (www.nbgraphics.com).

Ms. Marshall heads a creative team, specializing in the preparation of design and utility patent drawings

and trademark illustrations. She and her team have over 20 years of experience working nationally and

internationally.