Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
Generally, the proportions of features in patent drawings cannot be relied upon as evidence unless the drawings are explicitly stated to be to scale. The MPEP 2125 states:
“When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.”
This principle was reinforced in the case of Hockerson-Halberstadt, Inc. v. Avia Group Int’l, where the court held that “patent drawings do not define the precise proportions of the elements and may not be relied on to show particular sizes if the specification is completely silent on the issue.”
However, the MPEP does note that the description of the article pictured, in combination with the drawings, can be relied on for what they would reasonably teach one of ordinary skill in the art.
To learn more:
Can patent drawings be used to determine specific dimensions or proportions?
Generally, patent drawings cannot be relied upon to determine specific dimensions or proportions unless explicitly stated to be to scale. According to MPEP 2125:
“When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.”
However, there are exceptions:
- If the drawing is expressly labeled as being to scale, measurements can be relied upon.
- The overall proportions and relative sizes of elements may be considered if they would be apparent to a person of ordinary skill in the art.
- Specific features clearly shown in the drawings can be used as prior art, even if dimensions are not given.
It’s important to note that while exact measurements are typically not reliable, the drawings can still be used in combination with the written description to determine what would be reasonably taught to one skilled in the art.
To learn more:
MPEP 2125 – Drawings As Prior Art (2)
Generally, the proportions of features in patent drawings cannot be relied upon as evidence unless the drawings are explicitly stated to be to scale. The MPEP 2125 states:
“When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.”
This principle was reinforced in the case of Hockerson-Halberstadt, Inc. v. Avia Group Int’l, where the court held that “patent drawings do not define the precise proportions of the elements and may not be relied on to show particular sizes if the specification is completely silent on the issue.”
However, the MPEP does note that the description of the article pictured, in combination with the drawings, can be relied on for what they would reasonably teach one of ordinary skill in the art.
To learn more:
Can patent drawings be used to determine specific dimensions or proportions?
Generally, patent drawings cannot be relied upon to determine specific dimensions or proportions unless explicitly stated to be to scale. According to MPEP 2125:
“When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.”
However, there are exceptions:
- If the drawing is expressly labeled as being to scale, measurements can be relied upon.
- The overall proportions and relative sizes of elements may be considered if they would be apparent to a person of ordinary skill in the art.
- Specific features clearly shown in the drawings can be used as prior art, even if dimensions are not given.
It’s important to note that while exact measurements are typically not reliable, the drawings can still be used in combination with the written description to determine what would be reasonably taught to one skilled in the art.
To learn more:
Patent Law (2)
Generally, the proportions of features in patent drawings cannot be relied upon as evidence unless the drawings are explicitly stated to be to scale. The MPEP 2125 states:
“When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.”
This principle was reinforced in the case of Hockerson-Halberstadt, Inc. v. Avia Group Int’l, where the court held that “patent drawings do not define the precise proportions of the elements and may not be relied on to show particular sizes if the specification is completely silent on the issue.”
However, the MPEP does note that the description of the article pictured, in combination with the drawings, can be relied on for what they would reasonably teach one of ordinary skill in the art.
To learn more:
Can patent drawings be used to determine specific dimensions or proportions?
Generally, patent drawings cannot be relied upon to determine specific dimensions or proportions unless explicitly stated to be to scale. According to MPEP 2125:
“When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.”
However, there are exceptions:
- If the drawing is expressly labeled as being to scale, measurements can be relied upon.
- The overall proportions and relative sizes of elements may be considered if they would be apparent to a person of ordinary skill in the art.
- Specific features clearly shown in the drawings can be used as prior art, even if dimensions are not given.
It’s important to note that while exact measurements are typically not reliable, the drawings can still be used in combination with the written description to determine what would be reasonably taught to one skilled in the art.
To learn more:
Patent Procedure (2)
Generally, the proportions of features in patent drawings cannot be relied upon as evidence unless the drawings are explicitly stated to be to scale. The MPEP 2125 states:
“When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.”
This principle was reinforced in the case of Hockerson-Halberstadt, Inc. v. Avia Group Int’l, where the court held that “patent drawings do not define the precise proportions of the elements and may not be relied on to show particular sizes if the specification is completely silent on the issue.”
However, the MPEP does note that the description of the article pictured, in combination with the drawings, can be relied on for what they would reasonably teach one of ordinary skill in the art.
To learn more:
Can patent drawings be used to determine specific dimensions or proportions?
Generally, patent drawings cannot be relied upon to determine specific dimensions or proportions unless explicitly stated to be to scale. According to MPEP 2125:
“When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.”
However, there are exceptions:
- If the drawing is expressly labeled as being to scale, measurements can be relied upon.
- The overall proportions and relative sizes of elements may be considered if they would be apparent to a person of ordinary skill in the art.
- Specific features clearly shown in the drawings can be used as prior art, even if dimensions are not given.
It’s important to note that while exact measurements are typically not reliable, the drawings can still be used in combination with the written description to determine what would be reasonably taught to one skilled in the art.
To learn more: