Patent Drawings & Legal Requirements
Sometimes an inventor needs to provide the U.S. Patent and Trademark Office with drawings of their invention. This can help the examiner understand how the invention works. While some inventors hire professionals to make these drawings, this is not always necessary. You may be able to reduce costs and retain more control over how your invention is presented by making the drawings on your own.
If the USPTO requests drawings after submission, it will specify a deadline, which may be as short as two months.
Retaining a professional draftsperson can result in fees amounting to hundreds of dollars if an application contains several sheets of drawings. If you make the drawings, you will need to get familiar with the USPTO requirements in this area and learn some basic drawing principles. This will take some time and effort, but it may be worthwhile in the long term. Your drawings may be more accurate than drawings by an outside party, and you will not need to explain your invention to someone else or ask them to revise the drawings. Later, you can use your drawings in marketing materials to help explain how your invention works to customers.
Traditional Drawings
You will need to use India ink if you make black and white drawings, which is the standard method. This process is inexpensive but can be complicated, since there is very little margin for error. If you make a mistake when you are drawing a line in ink, it is difficult to correct the mistake without restarting the drawing. If you are not familiar with drawing in perspective or other techniques that will help you accurately portray your invention, you may want to practice by tracing photographs on paper.
In some situations, an inventor will want to provide color drawings. This will require submitting a petition to explain why the drawings need to be in color, as well as paying an extra fee. You must provide three sets of the color drawings with the application, and you must state that the application includes color drawings.
Be sure to research the USPTO’s drawing requirements before beginning. For example, parts of the drawing that are not part of the claim must be represented with broken lines.
Photographs
Most applications do not involve photographs. The PTO allows applicants to use photographs only if they cannot adequately portray the invention in a drawing or if the photograph would show it more clearly. Patents related to animals, plants, and cell cultures might require photographs.
Computer Drawings
Some inventors feel uncomfortable making drawings but do not want to work with a professional. They may be able to use computer-aided drawing programs, which make the process of producing accurate drawings much easier. You also can easily revise computer drawings if you make mistakes. The cost of this equipment can be similar to the cost of hiring a professional, though.
You can use a scanner or a digital camera to import an image of the invention into the computer drawing program. This will make tracing the image in the program easier. Or you can simply draw the invention in the computer program. Some of these programs allow users to create a three-dimensional image by manipulating geometric building blocks. This can help you present an image of your invention from various perspectives, which may not be possible with less advanced technology.
Intellectual Property Law Center Contents
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Intellectual Property Law Center
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Patent Law
- Applying for a Patent to Protect Your Legal Rights
- Patentability Legal Requirements
- Provisional Patent Applications & Their Legal Impact
- Patents Appeals & The Legal Process
- Enforcement of Patent Rights Under Federal Law
- Patent Infringement & Related Lawsuits
- Patent Licensing & Legal Options
- Patent Prosecution & Legal Concerns Over Patentability
- Patent Search to Assess Legal Patentability
- Types of Patents Available Under Federal Law
- Combination Inventions & Legal Requirements for Patent Protection
- Small and Micro Entities Pursuing Patents
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Patent Drawings & Legal Requirements
- International Laws Involving Patents
- How the First-to-File Rule Legally Affects Patent Applications
- Timeline for Patent Applications & The Legal Steps
- Scope of Patent Protection Under Federal Law
- Duration of Patent Protection Under Federal Law
- Revising a Patent After Getting Legal Protection
- Royalties and Deductions From Legally Licensing Inventions
- How to Legally Protect an Invention Before Getting a Patent
- Working With a Patent Lawyer
- Filing for a Patent WIthout a Lawyer
- Patent Legal Forms
- Copyright Law
- Trademark Law
- Trade Secret Law
- Choosing Among Patent, Copyright, and Trademark for Legal Protection
- Intellectual Property Law FAQs
- Find a Patents Lawyer
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