The applicant for a patent will be required by law to furnish a drawing
of the invention whenever the nature of the case requires a drawing to
understand the invention. However, the Commissioner may require a
drawing where the nature of the subject matter admits of it; this
drawing must be filed with the application. This includes practically
all inventions except compositions of matter or processes, but a drawing
may also be useful in the case of many processes.
The drawing must show every feature of the invention specified in the
claims, and is required by the Office rules to be in a particular form.
The Office specifies the size of the sheet on which the drawing is made,
the type of paper, the margins, and other details relating to the making
of the drawing. The reason for specifying the standards in detail is
that the drawings are printed and published in a uniform style when the
patent issues, and the drawings must also be such that they can be
readily understood by persons using the patent descriptions.
No names or other identification will be permitted within the “sight” of
the drawing, and applicants are expected to use the space above and
between the hole locations to identify each sheet of drawings. This
identification may consist of the attorney’s name and docket number or
the inventor’s name and case number and may include the sheet number and
the total number of sheets filed (for example, “sheet 2 of 4”). The
following rule, reproduced from title 37 of the Code of Federal
Regulations, relates to the standards for drawings:
§ 1.84 Standards for drawings.
(a) =Drawings.= There are two acceptable categories for presenting
drawings in utility patent applications:
(1) _Black ink._ Black and white drawings are normally required. India
ink, or its equivalent that secures solid black lines, must be used for
drawings, or
(2) _Color._ On rare occasions, color drawings may be necessary as the
only practical medium by which to disclose the subject matter sought to
be patented in a utility patent application or the subject matter of a
statutory invention registration. The Patent and Trademark Office will
accept color drawings in utility patent applications and statutory
invention registrations only after granting a petition filed under this
paragraph explaining why the color drawings are necessary. Any such
petition must include the following:
(i) The appropriate fee set forth in 37 CFR 1.17(h);
(ii) Three (3) sets of color drawings; and
(iii) The specification must contain the following language as the first
paragraph in that portion of the specification relating to the brief
description of the drawing:
“_The file of this patent contains at least one drawing executed in
color. Copies of this patent with color drawing(s) will be provided by
the Patent and Trademark Office upon request and payment of the
necessary fee._”
If the language is not in the specification, a proposed amendment to
insert the language must accompany the petition.
(b) =Photographs.=
(1) _Black and white._ Photographs are not ordinarily permitted in
utility and design patent applications. However, the Office will accept
photographs in utility and design patent applications only after
granting a petition filed under this paragraph which requests that
photographs be accepted. Any such petition must include the following:
(i) The appropriate fee set forth in 37 CFR 1.17(h); and
(ii) Three (3) sets of photographs.
Photographs must either be developed on double weight photographic paper
or be permanently mounted on Bristol board. The photographs must be of
sufficient quality so that all details in the drawing are reproducible
in the printed patent.
(2) _Color._ Color photographs will be accepted in utility patent
applications if the conditions for accepting color drawings have been
satisfied. See paragraph (a)(2) of this section.
(c) =Identification of drawings.= Identifying indicia, if provided,
should include the application number or the title of the invention,
inventor’s name, docket number (if any), and the name and telephone
number of a person to call if the Office is unable to match the drawings
to the proper application. This information should be placed on the back
of each sheet of drawings a minimum distance of 1.5 cm. (⅝ inch) down
from the top of the page. In addition, a reference to the application
number, or, if an application number has not been assigned, the
inventor’s name, may be included in the left-hand corner provided that
the reference appears within 1.5 cm. (9⁄16 inch) from the top of the
sheet.
(d) =Graphic forms in drawings.= Chemical or mathematical formulae,
tables, and waveforms may be submitted as drawings and are subject to
the same requirements as drawings. Each chemical or mathematical formula
must be labeled as a separate figure, using brackets when necessary, to
show that information is properly integrated. Each group of waveforms
must be presented as a single figure, using a common vertical axis with
time extending along the horizontal axis. Each individual waveform
discussed in the specification must be identified with a separate letter
designation adjacent to the vertical axis.
(e) =Type of paper.= Drawings submitted to the Office must be made on
paper which is flexible, strong, white, smooth, non-shiny, and durable.
All sheets must be free from cracks, creases, and folds. Only one side
of the sheet shall be used for the drawing. Each sheet must be
reasonably free from erasures and must be free from alterations,
overwritings, and interlineations. Photographs must either be developed
on double weight photographic paper or be permanently mounted on Bristol
board. See paragraph (b) of this section for other requirements for
photographs.
(f) =Size of paper.= All drawing sheets in an application must be the
same size. One of the shorter sides of the sheet is regarded as its top.
The size of the sheets on which drawings are made must be:
(1) 21.0 cm. by 29.7 cm. (DIN size A4), or
(2) 21.6 cm. by 27.9 cm. (8½ by 11 inches).
(g) =Margins.= The sheets must not contain frames around the sight;
i.e., the usable surface, but should have scan target points, i.e.,
cross-hairs, printed on two catercorner margin corners. Each sheet must
include a top margin of at least 2.5 cm. (1 inch), a left side margin of
at least 2.5 cm. (1 inch), a right side margin of at least 1.5 cm. (9⁄16
inch), and a bottom margin of at least 1.0 cm. (⅜ inch), thereby leaving
a sight no greater than 17.0 cm. by 26.2 cm. on 21.0 cm. by 29.7 cm.
(DIN size A4) drawing sheets, and a sight no greater than 17.6 cm. by
24.4 cm. (6‑15⁄16 by 9⅝ inches) on 21.6 cm. by 27.9 cm. (8½ by 11 inch)
drawing sheets.
(h) =Views.= The drawing must contain as many views as necessary to show
the invention. The views may be plan, elevation, section, or perspective
views. Detail views of portions of elements, on a larger scale if
necessary, may also be used. All views of the drawing must be grouped
together and arranged on the sheet(s) without wasting space, preferably
in an upright position, clearly separated from one another, and must not
be included in the sheets containing the specifications, claims, or
abstract. Views must not be connected by projection lines and must not
contain center lines. Waveforms of electrical signals may be connected
by dashed lines to show the relative timing of the waveforms.
(1) _Exploded views._ Exploded views, with the separated parts embraced
by a bracket, to show the relationship or order of assembly of various
parts are permissible. When an exploded view is shown in a figure which
is on the same sheet as another figure, the exploded view should be
placed in brackets.
(2) _Partial views._ When necessary, a view of a large machine or device
in its entirety may be broken into partial views on a single sheet, or
extended over several sheets if there is no loss in facility of
understanding the view. Partial views drawn on separate sheets must
always be capable of being linked edge to edge so that no partial view
contains parts of another partial view. A smaller scale view should be
included showing the whole formed by the partial views and indicating
the positions of the parts shown. When a portion of a view is enlarged
for magnification purposes, the view and the enlarged view must each be
labeled as separate views.
(i) Where views on two or more sheets form, in effect, a single complete
view, the views on the several sheets must be so arranged that the
complete figure can be assembled without concealing any part of any of
the views appearing on the various sheets.
(ii) A very long view may be divided into several parts placed one above
the other on a single sheet. However, the relationship between the
different parts must be clear and unambiguous.
(3) _Sectional views._ The plane upon which a sectional view is taken
should be indicated on the view from which the section is cut by a
broken line. The ends of the broken line should be designated by Arabic
or Roman numerals corresponding to the view number of the sectional
view, and should have arrows to indicate the direction of sight.
Hatching must be used to indicate section portions of an object, and
must be made by regularly spaced oblique parallel lines spaced
sufficiently apart to enable the lines to be distinguished without
difficulty. Hatching should not impede the clear reading of the
reference characters and lead lines. If it is not possible to place
reference characters outside the hatched area, the hatching may be
broken off wherever reference characters are inserted. Hatching must be
at a substantial angle to the surrounding axes or principal lines,
preferably 45°. A cross section must be set out and drawn to show all of
the materials as they are shown in the view from which the cross section
was taken. The parts in cross section must show proper material(s) by
hatching with regularly spaced parallel oblique strokes, the space
between strokes being chosen on the basis of the total area to be
hatched. The various parts of a cross section of the same item should be
hatched in the same manner and should accurately and graphically
indicate the nature of the material(s) that is illustrated in cross
section. The hatching of juxtaposed different elements must be angled in
a different way. In the case of large areas, hatching may be confined to
an edging drawn around the entire inside of the outline of the area to
be hatched. Different types of hatching should have different
conventional meanings as regards the nature of a material seen in cross
section.
(4) _Alternate position._ A moved position may be shown by a broken line
superimposed upon a suitable view if this can be done without crowding;
otherwise, a separate view must be used for this purpose.
(5) _Modified forms._ Modified forms of construction must be shown in
separate views.
(i) =Arrangement of views.= One view must not be placed upon another or
within the outline of another. All views on the same sheet should stand
in the same direction and, if possible, stand so that they can be read
with the sheet held in an upright position. If views wider than the
width of the sheet are necessary for the clearest illustration of the
invention, the sheet may be turned on its side so that the top of the
sheet, with the appropriate top margin to be used as the heading space,
is on the right-hand side. Words must appear in a horizontal,
left-to-right fashion when the page is either upright or turned so that
the top becomes the right side, except for graphs utilizing standard
scientific convention to denote the axis of abscissas (of X) and the
axis of ordinates (of Y).
(j) =View for Official Gazette.= One of the views should be suitable for
publication in the Official Gazette as the illustration of the
invention.
(k) =Scale.=
(1) The scale to which a drawing is made must be large enough to show
the mechanism without crowding when the drawing is reduced in size to
two-thirds in reproduction. Views of portions of the mechanism on a
larger scale should be used when necessary to show details clearly. Two
or more sheets may be used if one does not give sufficient room. The
number of sheets should be kept to a minimum.
(2) When approved by the examiner, the scale of the drawing may be
graphically represented. Indications such as “actual size” or “scale ½”
on the drawings, are not permitted, since these lose their meaning with
reproduction in a different format.
(3) Elements of the same view must be in proportion to each other,
unless a difference in proportion is indispensable for the clarity of
the view. Instead of showing elements in different proportion, a
supplementary view may be added giving a larger-scale illustration of
the element of the initial view. The enlarged element shown in the
second view should be surrounded by a finely drawn or “dot-dash” circle
in the first view indicating its location without obscuring the view.
(l) =Character of lines, numbers, and letters.= All drawings must be
made by a process which will give them satisfactory reproduction
characteristics. Every line, number, and letter must be durable, clean,
black (except for color drawings), sufficiently dense and dark, and
uniformly thick and well-defined. The weight of all lines and letters
must be heavy enough to permit adequate reproduction. This requirement
applies to all lines however fine, to shading, and to lines representing
cut surfaces in sectional views. Lines and strokes of different
thicknesses may be used in the same drawing where different thicknesses
have a different meaning.
(m) =Shading.= The use of shading in views is encouraged if it aids in
understanding the invention and if it does not reduce legibility.
Shading is used to indicate the surface or shape of spherical,
cylindrical, and conical elements of an object. Flat parts may also be
lightly shaded. Such shading is preferred in the case of parts shown in
perspective, but not for cross sections. See paragraph (h)(3) of this
section. Spaced lines for shading are preferred. These lines must be
thin, as few in number as practicable, and they must contrast with the
rest of the drawings. As a substitute for shading, heavy lines on the
shade side of objects can be used except where they superimpose on each
other or obscure reference characters. Light should come from the upper
left corner at an angle of 45°. Surface delineations should preferably
be shown by proper shading. Solid black shading areas are not permitted,
except when used to represent bar graphs or color.
(n) =Symbols.= Graphical drawing symbols may be used for conventional
elements when appropriate. The elements for which such symbols and
labeled representations are used must be adequately identified in the
specification. Known devices should be illustrated by symbols which have
a universally recognized conventional meaning and are generally accepted
in the art. Other symbols which are not universally recognized may be
used, subject to approval by the Office, if they are not likely to be
confused with existing conventional symbols, and if they are readily
identifiable.
(o) =Legends.= Suitable descriptive legends may be used, or may be
required by the Examiner, where necessary for understanding of the
drawing, subject to approval by the Office. They should contain as few
words as possible.
(p) =Numbers, Letters, and reference characters.=
(1) Reference characters (numerals are preferred), sheet numbers, and
view numbers must be plain and legible, and must not be used in
association with brackets or inverted commas, or enclosed within
outlines, e.g., encircled. They must be oriented in the same direction
as the view so as to avoid having to rotate the sheet. Reference
characters should be arranged to follow the profile of the object
depicted.
(2) The English alphabet must be used for letters, except where another
alphabet is customarily used, such as the Greek alphabet to indicate
angles, wavelengths, and mathematical formulas.
(3) Numbers, letters, and reference characters must measure at least .32
cm. (⅛ inch) in height. They should not be placed in the drawing so as
to interfere with its comprehension. Therefore, they should not cross or
mingle with the lines. They should not be placed upon hatched or shaded
surfaces. When necessary, such as indicating a surface or cross section,
a reference character may be underlined and a blank space may be left in
the hatching or shading where the character occurs so that it appears
distinct.
(4) The same part of an invention appearing in more than one view of the
drawing must always be designated by the same reference character, and
the same reference character must never be used to designate different
parts.
(5) Reference characters not mentioned in the description shall not
appear in the drawings. Reference characters mentioned in the
description must appear in the drawings.
(q) Lead lines. Lead lines are those lines between the reference
characters and the details referred to. Such lines may be straight or
curved and should be as short as possible. They must originate in the
immediate proximity of the reference character and extend to the feature
indicated. Lead lines must not cross each other. Lead lines are required
for each reference character except for those which indicate the surface
or cross section on which they are placed. Such a reference character
must be underlined to make it clear that a lead line has not been left
out by mistake. Lead lines must be executed in the same way as lines in
the drawing. See paragraph (1) of this section.
(r) =Arrows.= Arrows may be used at the ends of lines, provided that
their meaning is clear, as follows:
(1) On a lead line, a freestanding arrow to indicate the entire section
towards which it points;
(2) On a lead line, an arrow touching a line to indicate the surface
shown by the line looking along the direction of the arrow; or
(3) To show the direction of movement.
(s) =Copyright or Mask Work Notice.= A copyright or mask work notice may
appear in the drawing, but must be placed within the sight of the
drawing immediately below the figure representing the copyright or mask
work material and be limited to letters having a print size of .32 cm.
to .64 cm. (⅛ to ¼ inches) high. The content of the notice must be
limited to only those elements provided for by law. For example, “e1983
John Doe” (17 U.S.C. 401) and “*M* John Doe” (17 U.S.C. 909) would be
properly limited and, under current statutes, legally sufficient notices
of copyright and mask work, respectively. Inclusion of a copyright or
mask work notice will be permitted only if the authorization language
set forth in w 1.71(e) is included at the beginning (preferably as the
first paragraph) of the specification.
(t) =Numbering of sheets of drawings.= The sheets of drawings should be
numbered in consecutive Arabic numerals, starting with 1, within the
sight as defined in paragraph (g) of this section. These numbers, if
present, must be placed in the middle of the top of the sheet, but not
in the margin. The numbers can be placed on the right-hand side if the
drawing extends too close to the middle of the top edge of the usable
surface. The drawing sheet numbering must be clear and larger than the
numbers used as reference characters to avoid confusion. The number of
each sheet should be shown by two Arabic numerals placed on either side
of an oblique line, with the first being the sheet number and the second
being the total number of sheets of drawings, with no other marking.
(u) =Numbering of views.=
(1) The different views must be numbered in consecutive Arabic numerals,
starting with 1, independent of the numbering of the sheets and, if
possible, in the order in which they appear on the drawing sheet(s).
Partial views intended to form one complete view, on one or several
sheets, must be identified by the same number followed by a capital
letter. View numbers must be preceded by the abbreviation “FIG.” Where
only a single view is used in an application to illustrate the claimed
invention, it must not be numbered and the abbreviation “FIG.” must not
appear.
(2) Numbers and letters identifying the views must be simple and clear
and must not be used in association with brackets, circles, or inverted
commas. The view numbers must be larger than the numbers used for
reference characters.
(v) =Security markings.= Authorized security markings may be placed on
the drawings provided they are outside the sight, preferably centered in
the top margin.
(w) =Corrections.= Any corrections on drawings submitted to the Office
must be durable and permanent.
(x) =Holes.= No holes should be made by applicant in the drawing sheets.
The requirements relating to drawings are strictly enforced, but a
drawing not complying with all of the regulations may be accepted for
purpose of examination, and correction or a new drawing will be required
later.
Applicants are advised to employ competent draftsmen to make their
drawings.