Frequently Asked Questions
PATENT AND DESIGN DRAWINGS
What is the purpose of patent and design drawings?
Patent drawings are illustrative and schematic representations of the invention described in a patent specification. Although drawings/illustrations are not compulsory, it is a great way to quickly and easily explain the invention. Drawing is a universal language and understood by experts and layman’s alike. After all, a picture speaks 1000 words.
Can I use my own drawings for a patent specification?
You may absolutely use your own drawings, provided it complies with the regulations* at the relevant patent office. For instance, most Patent Offices require drawings to be done with drawing instruments (or CAD). Most Patent Offices do not allow shaded or rendered illustrations. For a more comprehensive list of the drawing regulations, visit the website of the patent office where you intend to file your patent.
*When filing a provisional application, the drawings do not have to comply with these regulations.
Can I use my manufacturing drawings for a patent specification?
Many companies use CAD drawings for patent drawings, but it is not always advisable. The main reason is that patent drawings focus on the concept of the invention, whereas technical drawings may focus on a specific application of the invention. Focusing on a specific application rather than the concept may limit the scope of the protection, particularly where many alternative applications exist.
Technical drawings focus on detail and accuracy and patent drawings focus on concept and ease of understanding. Technical drawings are often very detailed and contain a lot of detail, making it difficult to clearly show the invention. There is a measure of artistic freedom allowed in patent drawings to accentuate on certain aspects of the invention. For example, proportions and sizes may be adjusted, or parts may be omitted or simplified to describe the concept of invention more clearly.
Technical drawings may also contain sensitive information that may compromise your competitive advantage, or even reveal trade secrets.
Why use patent illustrators?
- Wide base of knowledge to understand the essence of your client’s invention and how to best present it simply and effectively.
- Knowledge of the drawing requirements as set out by the relevant Patent Office.
- It gives your patent application more credibility at the examiner’s office.
- It makes your patent specification look even more professional.
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?
As mentioned before, patent drawings focus on the concept of an invention.
Design drawings describe the visual appearance of an article, or part thereof.
How is the scope of protection for a design defined?
The scope of the design protection is the determined by the “ordinary observer” test. A design is deemed to infringe on another registered design if it looks substantially the same to the ordinary observer in a side-by-side comparison.
Since the “ordinary observer” test is subjective it may be exceedingly difficult to determine the protection of a registered design. An attempt to quantify the scope of protection is to determine the scope of protection of the existing design over a previously registered design. The degree of difference between the first registered design and second registered design, can be used as a method to determine whether a design application falls within the scope of the registered designs.
Design 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. Below is a simplified explanation of the scope and strength dynamic.
ILLUSTRATIONS FOR INSTRUCTION MANUALS AND STANDARD OPERATING PROCEDURES (SOP)
Why use illustrations?
Utility. Illustration is a universal language understood by almost everyone. Pictures can easily be understood by experts and laymen alike. Pictures are understood by all, even if they don’t speak the same language.
Speed. One can read and understand a picture much faster than reading a paragraph. When a person reads a body of text, he has to paint a picture” in his mind before he can understand it. This step is completely unnecessary when a picture is used to convey the message.
Accuracy. It reduces misinterpretation of the message due to language barriers and/or conceptual difficulties. Words creates substantially more cognitive strain than pictures. A worker is more likely to make a mistake when reading text for instruction, as opposed to following a pictograph. The likelihood of making a mistake increases if the worker is tired or under stress (time constraints, for example).
How can illustrations in an instruction manual be better than a photo?
- The most obvious reason is clarity. Photos are great for operating manuals, but can be difficult to be clear. Good photography requires setting up and planning. Poor lighting, sharp shadows and line of sight can make it difficult to take good quality photographs. With illustrations these challenges are easily mitigated.
- Drawings are simple and easy to read. With illustrations any details that are in the way or unnecessary can be removed. In addition, important detail can be exaggerated or highlighted.
- Nature’s rules do not apply! Exploded views are easy to create and is sometimes more effective in showing how a product is put together, than trying to create photos in sequence. Lighting and colour is easily manipulated in an illustration.
- Illustrations are easily edited and updated. Once photographs are taken the composition cannot be changed. Any changes will require a new photoshoot.
There is anecdotal evidence that workers and employees remember instructions longer and better due to the cartoonlike nature of the drawings.