Patent drawing is a requirement by law for patent applications in order to understand the nature of the invention.
The Commissioner may require patent drawing where the nature of the subject matter admits of it; these patent drawing must be filed with the application.
This includes practically all inventions except compositions of matter or processes, but patent drawing may also be useful in the case of many processes.
The patent drawing must show every feature of the invention specified in the claims. Is also required by the Office rules to be in a particular form. The Office specifies the size of the sheet on which the patent drawing are made, the type of paper, the margins, and other details relating to the making of the patent drawings.
The reason for specifying the standards in detail is that the patent drawing are printed and published in a uniform style when the patent is issued.
Also, the patent drawing must also be such that they can be readily understood by persons using the patent descriptions.
Standards for Patent Drawing:
(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. Rarely color patent drawings may be necessary as the only practical medium 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
(ii) Three (3) sets of color patent 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 patent drawings:
‘‘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.”
No names or other identification will be permitted within the “sight” or near the patent drawing. Applicants must use the space above and between the hole locations to identify each sheet of drawings. The identification may consist of the attorney’s name and docket number or the inventor’s name and application number and may include the sheet number and the total number of sheets filed (for example, “sheet 2 of 4”).