Patent Drawings Showing Object on a Plane

By: J.D. Houvener, Esq., MBA, P.E.

If I showed you the front cover sheet of a brand new patent (example US Patent 10,596,420 for a "Novelty Football Audio Apparatus" issued in March, 2020)…

Where did y'all look start?

Don't lie… your eyes went to the football game image first, right?

…Information technology'south human being nature to do and then, and then don't feel bad.

Patent drawings for utility patent applications are the 2nd major style that inventors (and their Patent Attorneys) are able to explain their invention (apart from words), and more than particularly, what they are claiming they accept invented.

Drawings are theonly way in which inventors may disclose their inventions for design patent applications. So, they are really of import for design patents.

In the front comprehend figure of the "Novelty Football Audio Apparatus" (I'm so excited for Football season, I just had to include this instance) you can see there are numbers and markings that we will apply throughout this commodity. Take a shut look and make note of the different lines, markings, and shadings.

Nosotros will cover what all of these mean and more in this article. I hope y'all are at to the lowest degree (in part) a football fan, and if not, y'all can appreciate the use of this instance of a simple three-dimensional product so you can follow forth with me as we learn almost patent drawings.

Table of Contents

• Section 1: Why Include Patent Drawings?
• When Drawings are Required
• When to Order Patent Drawings
• Informal vs. Formal Drawings
• Section 2: What are Unlike Types of Patent Drawings
• Perspective Views
• Forepart, Side, and Top Views
• Sectional Views
• Exploded Views
• Flowcharts and Schematics
• Types of Lines
• Section 3: What Rules must exist Followed for Patent Drawings?
• Paper Type, Size, and Margins
• Scale
• Organisation of Views
• Lines, messages, and Reference Numbers
• Summary

Section one: Why Include Patent Drawings?

The entire goal of a patent application is to explain your invention likewise every bit possible so that at least ane version of your invention can be made/used by persons of skill in the art. To that end, if drawings would help achieve that goal, then they should be included.

It'south cliche, but "a picture is worth a thousand words" is then true – in that an inventor tin save fourth dimension/effort trying to depict something in words, when they tin simply prove it in a drawing, and then hash out the drawing in words to support it.

There are some real bonuses to having drawings also. One of the biggest advantages is the ability to abound a patent portfolio, and file child patents that claim the priority dorsum to the first-filed parent application.

For example, a nonprovisional patent application (the parent) is filed so it is found that while the parent is going through prosecution (patent pending) – a new improvement of the invention works better than the original one, and the inventor would similar to attempt to file a patent application on the improvement. If the original specification (including the drawings) discussed this improvement (or basis for it), and then the priority date can exist claimed (either for a subsequent utility or design patent) for that child patent application (usually in the form of a bounded or continuation patent application).

If you didn't totally follow that – the simpler version is: include drawings in ALL of your patent applications, considering you volition but improve your chances of being able to claim priority back to the original filing and build a portfolio (several patents) based on the 1 disclosure (words and drawings).

Hehe, not sure I was able to simplify information technology much in that location – but hope that helped.

There are some types of patent illustrations that will contain more important information than the written specification. This is definitely true for pattern patents but is also true for inventions for electric circuits and even some mechanical inventions, where shapes, surfaces, and textures are beingness claimed.

If a patent is ever litigated at trial, the drawings are likely to be the most readily understood office of a patent awarding to the full general public (i.eastward. the jury), and if washed well, tin serve to help the gauge and jury become the correct verdict in an infringement thing.

When Drawings are Required

The rule (35 USC 113) states, "drawings must be furnished with the patent awarding where it is necessary to empathize the invention sought to be patented."

Therefore, to avert running afoul of this rule,all patent applications should take drawings.

The major downfall of not including drawings, is that the USPTO examiner could object to the application and require drawings before showtime their search/test. The big trouble is that the FILING DATE volition not exist granted if you didn't submit drawings, just the examiner deems them required.

By losing a filing engagement, information technology could mean another inventor gets the rights to the invention, even if they filedsubsequently your initial filing (if information technology is subsequently determined that it should have included drawings).

Fifty-fifty those types of drawings that really do not require drawings such every bit methods or process patents – All the same include drawings (more like flowcharts – see below) to make certain there are no problems with respect to securing filing dates.

Note, an examiner will never turn down a patent awarding merely because it includes more than drawings than is needed.

Whenever the written description portion of the patent application's specification mentions a cartoon, or fifty-fifty a sure aspect of the cartoon, a drawing must (obviously) exist included or else the examiner will object to the missing cartoon that was referred to in the written description.

When to Lodge Patent Drawings

It used to be the example that the Patent Attorney and Inventor would actually depict the invention themselves! While this is cornball and absurd – since I do like to draw…the truth is, it is in about all cases not the best utilize of either the Patent Chaser'southward or Inventor's time to effort to draw articulate patent drawings that meet all of the requirements (see Section 3 below).

Then, as for our firm, we social club patent drawings to exist developed by a professional person patent illustrator fairly early in the process to permit for multiple iterations/versions of the drawings to have identify every bit nosotros get close to finalizing the application.

We utilise several different professional person patent draftsmen and women. Some firms take a knack for drafting mechanical inventions, others for software/flowcharts, and still others for design patent drawings.

A big fundamental hither is making sure the Patent Chaser has a adept working relationship with the patent drawing illustrator, so that in that location is seamless integration of the drawing and all of the specification references to the cartoon.

Informal vs. Formal Drawings

Drawings tin can be submitted to the USPTO as informal in two major ways. But, before we discuss submission to the USPTO – let's first start with how drawings begin. Sketches, paw-drawn forms and figures by the inventor is as informal as it gets. Still, this is how the invention is beginning explained to the Patent Chaser in a process called the invention disclosure.

Now, these rough drawings, sketches, pictures, photos, diagramsCAN be used to submit to the USPTO when filing a conditional patent application. I actually recommend sending as much as possible (multiple versions of sketches, drawings, crude sketches, partial sketches) so that we tin have the largest body of data/disclosure available when it comes time to craft claims for the nonprovisional.

Hither'southward my best guess of what a preliminary sketch for our Football Patent example might have looked similar (see below). Showing the master features of a microphone, speaker, wiring/power (hidden) and its outer skin/leather.

When it comes time to submit a nonprovisional patent application, formal drawings are required and must meet the strict requirements (equally discussed in Section 3 beneath).

Y'all tin can run into a cut-through (also called section) view of our football game case, which would exist difficult to fully describe in words. Farther, a formal drawing here makes sense because the details are so of import showing the dissimilar fabric types, crenel and electrical wiring/systems involved.

In fact, this drawing wasn't specific enough for the fine details of the speaker/audio organisation. So, you can see theITALICIZED "4" in the drawing above, which points to a circumvolve where more detail is shown in a split up drawing (which is shown below).

At this bespeak, the Patent Chaser knows what the claims will exist, and tin structure the written specification, and therefore make up one's mind which drawings to include or which to strategically non include to provide just plenty disclosure and support for the claimed invention.

Section 2: What are Unlike Types of Patent Drawings

Perspective Views

This is too called an isometric view, and is unremarkably the image on the front end comprehend of the patent, as information technology is what the invention looks like in real life, although its a second cartoon.

It allows both examiner (and potentially estimate/jury) to gather what the invention is with 1 motion-picture show – and goes very well with the Abstract department of the written specification.

The view should be oriented to provide as much detail as possible to showcase the invention (meaning in our football example, we would want to make certain the audio speaker was visible).

Here are the perspective views of our football game:

Forepart, Side, and Top Views

These views are taken from only one perspective at a time, and provide details of the invention that might not be seen from the one isometric view.

I similar to recall of these views as if you put your invention in a huge (vi-sided) cube fabricated of glass, and took an epitome looking through each of the half-dozen sides.

The meridian and bottom views are besides chosen "plan" views, and the side views are also chosen "elevation" views. These terms are important, equally unlike CAD software will use these terms, and locking in a view for use in a patent drawing volition exist vital.

Typically, at that place is ane "front end" view – which showcases the most features/elements of the invention, and this "forepart view" is associated with the surrounding elevation views (other sides) equally well equally the top and bottom, and helps to orient the diverse views.

The selection of this front view is very important because it volition (past definition) determine the other views. You tin see from the below motion-picture show, how this works:

Exclusive Views

This is when it is of import to showcase the inner parts of a 3D body. Our Novel Football Audio Apparatus case uses section views to showcase its audio and systems every bit well as the relationship betwixt the ball construction and the electronics/hardware.

In order to properly show a department view, it is disquisitional to define the cut plane. In our case, the cutting plane is shown in the front end view of the brawl in figure 2. See below the cut plane 3 (with associated arrows) and then the cut-view figure 3.

You tin see the red highlighted Figure 2 on the left, showing the cut plane. Information technology's literally like if you cutting the football game right along the red line, and looked left the figure on the right is exactly what y'all'd see.

Exploded Views

These types of views show the structural relationship between components that are as well pocket-sized to be shown/differentiated in a standard fixed view.

These types of views are helpful for complicated mechanical drawings that have parts that would be about impossible to depict in a fixed cartoon due to subconscious nature, stacking, close proximity to other elements/features.

Here is an example of a motor/gear assembly that is best shown in an exploded format.

Graphs and Charts

This is a great opportunity for the inventor to evidence off the novelty or improvement of an invention equally compared to prior art solutions.

Instance charts could show the change in cloth strength, absorption, resistance, durability, quality, for example.

Flowcharts and Schematics

These are very useful for computer-implemented applications, where the claim is usually a method claim or procedure (with steps). And a flowchart shows very well the relationships between various steps in time/sequence.

At that place are standard symbols used in various flowcharting processes, the USPTO will not require specific project management standards – all they require is consistency across like blocks and so they can be easily understood past the examiner (and by people in the industry/skill).

Types of Lines

When you call back of football, following our example above for the Novel Audio Football game patent. What else practice you lot recall of? Food! BBQ/Grilling! Ok, absurd – so, I found this patent from 1989 which is a novel "Combination Fork/Spoon Utensil" United states Patent 4,835,864. See image below, which I'll refer to with different types of lines.

Object lines are those that make upward the majority of the solid lines around an object. These are solid lines that bear witness the boundaries of the element. You can see these all over the below cartoon, just are shown with a red arrow throughout.

Cutting airplane lines, which we discussed above are shown here in red circles (y'all can meet cutting planes 4, 5, and 6). Note that the direction of the aeroplane'south cut matters. If y'all look to the correct, you see Fig. vi, and if you lot look left, you lot see Fig. v.

Projection lines show upward when a figure is showing a relationship between two or more parts that are being exploded or distorted for visual purposes. In Fig. 1 below, you can see the projection lines, run across blue arrows showing the line. This exploded view allows each of the nested elements (spoon and modest fork) to be shown clearly.

Hidden lines are shown as dashed. You can encounter the hidden lines (shown in green arrows below) which are non present if the object were before you, but can show unique relationships and assistance in agreement the functionality and positioning of the subconscious elements/features.

Centerlines are shown when there is a need to demonstrate an axis or point of intersection/inflection. You tin see the red boxes below showing the centerline of the cut-view/section-view iv. These have mixed dashed and long dashes.

Shading is highlighted below in blueish boxes, and is all over these drawings. The shading helps the viewer empathise that the pieces are not hollow, and take solid material/thickness. Shading also helps to show curvature. You can see the fork shading is curved, to help demonstrate the 3D geometry of the object.

Department 3: What Rules must be Followed for Patent Drawings?

The technical rules are found in-full in 37 CFR 1.84 and MPEP 608.02. Before a USPTO Patent Examiner gets to review/search/examine the patent application – showtime the drawings (and the whole specification for that matter) must pass muster through the formal requirements department showtime.

There are many formal requirements, as can exist found in the above-referenced link. The main test is whether the cartoon is "suitable for reproduction". This means not simply is the actual drawings something that can be easily copied but whether the drawings are clear plenty so that the invention can be easily made/built by following the drawings.

If the drawings do non meet the formal requirements, the drawing will exist deemed "informal", and must be corrected if formal status is desired.

• What should be included?
• What should be excluded?

Paper Blazon, Size, and Margins

If you do send in paper drawings via the mail, the paper must be flexible, strong, white, smooth, not-glossy, and durable. The newspaper should be high quality to withstand erasure. The size should generally be 8.5 x eleven inches (DIN size A4).

With the advent of electronic submission of patent documents, the actual newspaper size and blazon doesn't matter so much. What matters a lot these days is the margins. The patent office will turn down drawings for not adhering to margins which are every bit follows:

• 2.5 cm top margin
• 2.five cm left margin
• ane.5 cm right margin
• 1.0 cm bottom margin

Scale

Patent drawings demand only be fatigued in proportion to each other – in that location is no requirement for calibration size to whatsoever real-life prototype or model. As it is true, no real paradigm is required to seek patent protection.

The drawings must be of a certain scale, so that they are still readable if the paper/drawings are reduced past ⅔ without blurring lines or features. This is to reduce the size of data/images for the USPTO.

Arrangement of Views

Zippo tricky here – the views should follow a logical path, which is likewise sequential and numerical if possible. The flow is too mostly more high-level/generic views progressing into more detailed views.

An important note is that the views must not overlap, and views should always exist no larger than one page. It is permissible to have multiple sheets per view, but it volition likely confuse the examiner and anyone else trying to understand the invention.

Each view on the aforementioned sheet must too take the same orientation (landscape, portrait, or angled).

Lines, messages, and Reference Numbers

For this function, I'm going to go back to our Novel Football game Sound Apparatus patent, and focus on Figure 1 and prove how the reference numbers are associated with the written description (specification).

You tin can see on the right, is a snapshot of the detailed description of the invention. Each of the reference numerals on the left image showing the football (10, 12, 28, 34, 36, 50, 52) are discussed in the description on the right side.

10 is described as the "audio apparatus"; 12 is "football game trunk"; 28 is the "admission panel"; 34 is the "fasteners"; 36 is the "imitation laces"; 50 is the "speaker"; and 52 is the "power push".

Referring to reference numbers is a very effective way to describe the invention fully and can aid the examiner really grasp what is being discussed and how each part interrelates.

Summary

I hope this guide was a helpful explanation of Patent Drawings mostly, and that you now feel more comfortable with how to read and understand a patent awarding or a granted patent that has been published.

Lets recap what nosotros covered in our patent drawings article:

Table of Contents

• Department i: Why Include Patent Drawings?
• When Drawings are Required
• When to Order Drawings
• Breezy vs. Formal Drawings
• Section two: What are Different Types of Drawings
• Perspective Views
• Front, Side, and Top Views
• Sectional Views
• Exploded Views
• Flowcharts and Schematics
• Types of Lines
• Section 3: What Rules must be Followed for Patent Drawings?
• Newspaper Type, Size, and Margins
• Calibration
• Organisation of Views
• Lines, letters, and Reference Numbers

If you have questions regarding the patent procedure or patent cost, y'all tin follow the links below:

• Blog Article: How to Patent an Idea
• Weblog Article: How Much Does a Patent Cost

If yous have any questions about patent drawings, or patents in full general, book a free consultation with u.s.a. today!

Disclaimer: This article is non to be construed as legal advice, and therefore no attorney-client relationship is formed.

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