A patent is a type of intellectual property that protects an invention by giving the rights to the owner. The owner has the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention.
"A picture speaks a thousand words”, the ancient adage is certainly true in the case of patent drawings in an invention. An invention is better understood by drawings in a patent. Clear and accurate drawings are very important in a patent application for the correct understanding of the invention. Drawings help to understand the environment of the product where it is used. Moreover, it helps to understand the mechanism of a product. The complex invention has also become easy to understand with the help of precise drawing depictions.
However, many times the patent application is rejected because of the drawing used. Most of the illustrators are not aware of the legal requirements of the drawings needed in PCT filing or in any other jurisdiction. Here is an example of PCT - "INVITATION TO CORRECT DEFECTS IN
THE INTERNATIONAL APPLICATION" which highlights the reason for patent application rejection due to drawing error.
To overcome these errors, it is necessary to create drawings as per the guidelines mentioned in the patent and trademark office of the specific jurisdiction. Hence, drawings - an integral part of patent.
Most of the countries follow the same guidelines as mentioned in the World Intellectual Property Organization (WIPO) - PCT (PATENT COOPERATION TREATY). However, some countries have their own rules and regulations.
Click on the following to learn about each country's specific guidelines to follow while creating patent drawings.
United States Patent and Trademark Office (USPTO) - 37 CFR § 1.84 - Standards for drawings
Canadian Intellectual Property Office (CIPO) - Industrial Design Office Practices
China National Intellectual Property Administrations (CNIPA) - Rules for the Implementation of the Patent Law of the People's Republic of China
Japan Patent Office - JPO - Guide for making Applications and Drawings for Design Registration
Intellectual Property India - IPI - THE DESIGNS RULES, 2001 PRELIMINARY
European Patent Drawing Requirements - Chapter IX – Drawings
Apart from knowing the guidelines of the patent office for creating the drawings, it will be the sole creativity of the patent illustrator to create the finalized drawing. So, understanding the invention, visualization of the product and rendering it into a line art form are some of the main skills of a patent illustrator.
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