Patent Drawing and its Significance – An Overview

A drawing is an essential factor in the application of Patent Registration for a good understanding of the invention by an ordinary person. Patent law also authorises the necessities for drawing in the application of Patent, which makes it advantageous to influence the examiner and accelerate the complete process. To appreciate the actual value of a quality Patent drawing, it is crucial to know that it’s a complicated process. There are two primary purposes; first, we have to distinguish it from the already known inventions which are mentioned as prior art. The invention has to be unique and non-obvious in this viewpoint. Second, to ensure that it complies with specific predefined standards arranged by the Patent Office.

According to the Patent drawing rules, the Patent drawings and diagrams are usually used to correspond to Patent claims themselves. High-quality illustrations or drawings or diagrams are essential components of these detailed Patent applications because they aid to achieve both of these core objectives in one go. A high-quality diagram or illustration also permits you to capture the uniqueness and difference of the invention very clearly & easily. It can also assist you in meeting the support necessities more effectively. Hence, Patent drawings are an unavoidable part of any Patent.

What is Patent Drawing, and what are the Necessities?

An application of Patent or Patent may comprise drawings, also called Patent drawings, demonstrating the invention, some of its embodiments (which are specific implementations or way of carrying out the invention), or the prior art. The drawings comprise both Design Patents and Utility Patents representations. The drawing may be required by the law to be in a specific form, and the necessities may vary based upon the jurisdiction. Patent drawing performs as a visual material supporting the invention. Based on the Patent invention, it can use chemical, tables, or mathematical formulas, symbols, graphs, and waves of electrical signals. Following are the the types of Patent drawings :

• Electronic;
• Mechanical;
• Sectional Views;
• Utility;
• Drawing-Graph;
• Perspective Views;
• Drawing-Exploded;
• Schematics and Flowchart.

For filing in India, where justification by drawings is required to support the invention, such drawing should be prepared as per the provisions of Rule 15, provided that in the case of a complete specification, if the candidate wants to do so with drawings submitted to its provisional specification as parts of the drawings for the complete specification, it suffices to mention them in the complete specification as those in the interim specification. Rule 15 of the Indian Patent Act & Rules 1970^[1], as changed in 2005, provides the following necessities for a drawing submitting along with a specification to demonstrate an invention:

1. The drawing should be accompanied by the specifications to which they mention;
2. A minimum of one copy of the multiple copies of the drawings (if submitted) must be made clear and organised on durable paper;
3. They must be drawn on the A4 sheet with a free margin of at least 4cm at the top & left and 3 cm at the bottom & right of each sheet;
4. It should be of enough scale to represent the inventions, and its dimensions should not be marked on the drawing itself;
5. They should be numbered systematically or successively and should bear the applicant’s name, the consecutive sheet number, and the applicant’s signature or, if done by their representative, their signature;
6. There must be no expressive matter in the sheet on which drawing is made except for flow diagrams if needed.

Coming to the drawings or illustrations for Design Patents, they are coated under the Design Rules, 2001 and Design Act, 2000. Industrial design, which is called a Patent Design, is safeguarded in India under the Designs Act, 2000. It mentions creative activity, which outcomes in the attractive or formal look of a product. The specifications for compliance are prescribed under Rule 14 of the Design Rules, 2001.

Rule 14 of the Design Rules, 2001 provides the following necessities:

• The four copies to be submitted as per Rule 11 should resemble the sample and be drawn on solid A4 paper (not on cardboard) and only on one side of each sheet;
• If numerous figures are represent shown on the same sheet, each of which should be designated after a point of view, a front view or a side view;
• If the numbers, words, or letters are not the design’s essence, they should be removed, and if required, a disclaimer should be provided to claim the right to their exclusive use;
• Each representation comprises a repeating pattern. It should represent the repeating pattern; however, the size should not be less than 5 x 4 inches or 13 cm x 10 cm in length & width;
• If the name of someone appears on the design, the approval of that person should also be provided. In the case of the deceased, the approval of the legal heirs should be presented.

The compliance necessities vary from jurisdiction to jurisdiction, but in general, it relates to the paper size, margins, labelling, numbering, layout, and font size. In addition, lines used in drawings should obey a specific style and thickness, along with the level & type of shading.

The Patent drawing must be made in such a way that an individual from the respective field can know it quickly. The drawing must include the detail level essential to enable further the claim of the application and to avoid itself from future prosecution. For this reason, it must consist of a disclosure concerning the whole drawing or a particular part that may be described in minute detail.

Challenges Involved in Patent Drawings

1. Technical in Nature: Since Patent drawings are technical, if they lack the technological tools and correctness required for quality demonstration, it may lead to refusal of the application as an entire, where the drawing is compulsory to support the claim of uniqueness and non-obviousness. It is to be noted that it’s not the quality of essential tools but the quality of demonstration. The Patent Office requires a particular demonstration; if it has not complied with, it may be declined.
2. Cost: Experts are needed to know different jurisdictions & their specifications like EPC, US, CNIPA. Also, they have access to tools such as Visio, ChemDraw, and AutoCad. This lead to the solo investor spending a fortune on such drawings and, if declined, disheartens them for re-applying.
3. Inconsistencies: Another primary challenge for investors is the inconsistency between the drawing and the claim, which in many examples leads to rejection. LLC v. Spanx INC, Time Three Clothier, in this case, the US Court declined two out of three patented claims because it observed severe inconsistencies.

Conclusion

Patent drawings are vital for giving a reasonable, fast and straightforward showing of the uniqueness. In 2014-15, an aggregate of forty-two thousand Patent applications was recorded, which prolonged to fifty-six thousand in 2019-20. The expanding pattern represents that the designers are utilising the successive cycle for the security of their creations or inventions. With this, the interest for experienced & gifted people for drawings is on the rise. This represents the importance of drawings going with the applications. It is likewise noteworthy that applicants remember the requirements and stick to them strictly to protect themselves from the extra expense involved with dismissals and drawings.

Read our article:A Complete Viewpoint on the Patent Registration Documents