A patent is the right to exclude others from “making, using or selling” and is issued by the federal government. The patenting process was developed to encourage the prompt disclosure of technical advances by granting a limited period of protection for the exclusive use of that advance.

A utility or mechanical application covering the function of the design consists of three components: the claims, the description and the drawings. A design patent covers the aesthetics of the design and consists of the drawings and a description of the drawings.
The claims define those elements that distinguish the invention from known technology of a similar nature; that is, the elements that are “adding to the pool of knowledge.”
The description should “enable a workman ordinarily skilled in the arts to practice or replicate the invention.”

A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture, and is manifested in an article’s appearance. In general terms, a “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S. C. 171). U.S. Patent Law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. Since the protection afforded in a design patent relates only to its appearance, accurate drawings, usually of several views, must be provided in order for a design patent application to be approved. Applying IP-Docs software to a 3D solid model that has been created to represent an article during the engineering design process includes all the geometry necessary to project the 2D views required in a design patent application. It is currently the fastest, most accurate and cost efficient method of acquiring the views necessary to complete a patent application.

Drawings

Drawings are an important part of almost any application because they help readers understand the invention. Drawings can take a variety of forms including a depiction of various views of a mechanical device, electronic circuits or block diagrams, flow charts, chemical diagrams, or any other pictorial depiction of an aspect that may be helpful in explaining the invention.

Drawings do not have to be so precise that they could be used to build the invention. They only need to be detailed enough to explain the elements of the invention that are important to understanding why it is inventive and how it works.

Drawings submitted with the application do not need to be prepared by a draftsman. However, before the Patent Office will issue a patent, the drawings need to conform to detailed specifications outlined by the Patent Office. You can see examples of common types of drawings by clicking the Sample Phrases button.

We recommend sketching the drawings while drafting your application. You can also hire a draftsperson to create rough sketches that can later be turned into a final version under the Patent Office specifications. You can often find a patent draftsperson online or in the yellow pages.

When preparing your drawings, keep the following guidelines in mind:

Show the commercial embodiment and an alternate embodiment of the invention. For example, if the invention is a new solar powered grass mower, show one drawing with solar panels mounted on the top of the motor housing and another version with the solar panels mounted on the sides of the handles. Another drawing can depict the electric flow with block diagrams of the circuitry used to power the mower, and another drawing can show the actual circuitry used in the preferred embodiment. If the manner in which the power is transferred to the wheels is unique, you should have a drawing that shows a cross sectional view of the motor and gear connection.

If you are not already an IP-Docs user:

Consider hiring a person skilled in preparing patent drawings to prepare your final drawings. This can help you avoid an application rejection simply because of drawing deficiencies. But remember, the Patent Office lets you submit final drawings later during the prosecution phase of the patent so you do not have to file your application with the final drawings if you choose not to. The only thing to keep in mind is that the rough drawings submitted with the initial application cannot be changed in any material respects except to conform to the Patent Office's rules. Further, the identification of the various parts of the invention by reference numerals should not change since those same number references are used in the body of your application when you describe how the invention works.

Numbering:

Use a logical numbering method. Introduce each drawing in numerical order as Figure 1, Figure 2, etc. Within each figure, use a unique set of numbers with lines drawn to label different parts of the diagram. For example, figure 1 may start its numbering sequence with 10, while figure 2 starts at 50, and figure 3 at 100. Within a particular figure, number subassemblies with new decades so you have numbers for later use. For example, number the solar panels 10 and 12, but number parts of the motor beginning with the number 20. Further, label related parts such as wheels with consecutive numbers. For example, "Frame having wheels 31-33." Similarly, you should consecutively number parts that have a close relationship. For example, a tongue and groove connection are numbered and described as "connection 50 made up of a tongue 51 received in a groove 52." This allows the numbering used throughout the drawings and within the written description to be easier to follow and reference when reading the patent.

Don't use a reference number that is the same as a figure number. As a general rule, you should start reference numerals with the first decade after the highest figure number. For example, if you have a set of 12 figures, your first reference numeral in figure 1 is 20. This way, you do not label any parts with the same numbers as the figure numbers themselves.

Use clear pointers. When labeling a figure, or subassembly, place a reference numeral near the part of the figure you want to describe and draw an arrow to the part.

Create your drawings before submitting your application. You may find as you prepare the application that new ideas come to mind and additional drawings are needed. You cannot add drawings during the prosecution phase of the patent application.

The key to preparing good drawings is to provide enough detail to describe the inventive elements of the inventions and any of the most important variations. Typically, an invention can be described in less than ten drawings. However, there is no penalty or cost for filing a patent with more drawings except for draftsman's fees.

Key Links: - What is a patent? - What can be patented?

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