Frequently Asked Questions
When are patent and design drawings used?
Although drawings/illustrations are not compulsory when drafting a specification, it can be a great tool to provide a visual description of what are claimed in the Patent Specification or the Design Application. It is often much quicker and easier to understand the drawings in conjunction with the specification than trying to formulate an idea from the description in the specification only.
What information is required to prepare patent or design drawings?
New drawings can be prepared from almost anything such as hand sketches, photos and/or CAD drawings. It is advisable to provide comprehensive and detailed instructions, as it makes it easier to produce accurate drawings with a short lead time, which in turn saves on the cost. Vague or incomplete instructions tend to lead to delays and additional cost.
What are the differences between patent and design drawings?
Patent drawings are generally simplified drawings and the purpose is to explain or define a new invention clearly. Proportions and sizes may be adjusted to describe the concept of a new invention more clearly. Patent drawings can also be used to indicate variations and alternatives to the same concept, and or often schematic in nature.
Design drawings are generally simplified drawings that describe the overall aesthetics of a design. It does not explain how a new design work but is merely a visual representation. Drawings are normally a fine balancing act of how much detail to include in a design. Too much detail will narrow the scope of protection, whereas too little detail may invalidate a design as being too general. If you think of an elastic band, it becomes thinner as you stretch it.
How is the scope of protection for a design defined?
The scope of the design protection is the degree of difference to an existing product, but is largely dependent on subjective analysis. So, if a design has a 10% degree of difference to the prior art (as a measure of quantification), the new design will have a 10% degree of protection another 10% in relation to its current design.