Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (1)
What is the significance of drawings in proving conception for a patent?
Drawings play a crucial role in proving conception for a patent. The MPEP 2138.04 highlights their importance:
“A conception must encompass all limitations of the claimed invention” and “is complete only when the idea is so clearly defined in the inventor’s mind that only ordinary skill would be necessary to reduce the invention to practice, without extensive research or experimentation.“
In this context, drawings are significant because:
- They provide a visual representation of the inventor’s mental picture of the invention.
- Detailed drawings can demonstrate that the inventor had a complete conception of all aspects of the invention.
- Drawings can help prove that the invention was “ready for patenting” at the time of conception.
- They can serve as corroborating evidence to support the inventor’s testimony about conception.
The MPEP also notes: “The inventor’s consideration of all the structural details is not required,” suggesting that while drawings are important, they don’t need to include every minute detail to prove conception. However, the more comprehensive and clear the drawings are, the stronger the evidence of conception.
To learn more:
MPEP 2138.04 – "Conception" (1)
What is the significance of drawings in proving conception for a patent?
Drawings play a crucial role in proving conception for a patent. The MPEP 2138.04 highlights their importance:
“A conception must encompass all limitations of the claimed invention” and “is complete only when the idea is so clearly defined in the inventor’s mind that only ordinary skill would be necessary to reduce the invention to practice, without extensive research or experimentation.“
In this context, drawings are significant because:
- They provide a visual representation of the inventor’s mental picture of the invention.
- Detailed drawings can demonstrate that the inventor had a complete conception of all aspects of the invention.
- Drawings can help prove that the invention was “ready for patenting” at the time of conception.
- They can serve as corroborating evidence to support the inventor’s testimony about conception.
The MPEP also notes: “The inventor’s consideration of all the structural details is not required,” suggesting that while drawings are important, they don’t need to include every minute detail to prove conception. However, the more comprehensive and clear the drawings are, the stronger the evidence of conception.
To learn more:
Patent Law (6)
What is the significance of drawings in proving conception for a patent?
Drawings play a crucial role in proving conception for a patent. The MPEP 2138.04 highlights their importance:
“A conception must encompass all limitations of the claimed invention” and “is complete only when the idea is so clearly defined in the inventor’s mind that only ordinary skill would be necessary to reduce the invention to practice, without extensive research or experimentation.“
In this context, drawings are significant because:
- They provide a visual representation of the inventor’s mental picture of the invention.
- Detailed drawings can demonstrate that the inventor had a complete conception of all aspects of the invention.
- Drawings can help prove that the invention was “ready for patenting” at the time of conception.
- They can serve as corroborating evidence to support the inventor’s testimony about conception.
The MPEP also notes: “The inventor’s consideration of all the structural details is not required,” suggesting that while drawings are important, they don’t need to include every minute detail to prove conception. However, the more comprehensive and clear the drawings are, the stronger the evidence of conception.
To learn more:
According to MPEP 608.02(d), conventional features in patent drawings should be illustrated as follows:
- Use graphical drawing symbols
- Use labeled representations (e.g., a labeled rectangular box)
The MPEP states: However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box).
This approach simplifies the drawings while still providing necessary information about conventional elements. It allows the focus to remain on the novel aspects of the invention while acknowledging the presence of standard components.
To learn more:
When illustrating improvements on existing inventions, patent drawings should follow specific guidelines as outlined in MPEP 608.02(d):
- Show the improved portion disconnected from the old structure
- In a separate view, show only enough of the old structure to demonstrate the connection with the improvement
The MPEP cites 37 CFR 1.83(b): When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith.
This approach helps to clearly distinguish the new, improved elements from the existing technology.
To learn more:
No, sequence listings or tables should not be duplicated in both the drawings and the specification of a patent application. The MPEP 608.02(d) clearly states:
If an application filed under 35 U.S.C. 111 or under 35 U.S.C. 371 includes a sequence listing or a table, such a sequence listing or table should not be included in both the drawings and the descriptive portion of the specification.
This requirement helps to avoid redundancy and potential inconsistencies between the drawings and the specification. Applicants should include sequence listings and tables in the appropriate sections of the specification only.
To learn more:
Showing modified forms of construction in the same figure is objectionable under 37 CFR 1.84(h)(5). The MPEP section 608.02(f) provides a form paragraph (6.22.05) that examiners can use to object to such drawings:
“The drawings are objected to under 37 CFR 1.84(h)(5) because Figure [1] show(s) modified forms of construction in the same view.”
This objection is made to ensure clarity in patent drawings and to prevent confusion between different forms or modifications of the invention. Applicants are required to submit corrected drawing sheets in compliance with 37 CFR 1.121(d) to address this objection.
To learn more:
To learn more:
No, modifications cannot be shown in broken lines on figures that show another form of the invention in solid lines. This is based on the principle established in Ex parte Badger, 1901 C.D. 195, 97 OG 1596 (Comm’r Pat. 1901). The MPEP section 608.02(f) states:
“Modifications may not be shown in broken lines on figures which show in solid lines another form of the invention.”
This rule ensures clarity and prevents confusion in patent drawings by keeping different forms of the invention visually distinct.
To learn more:
Patent Procedure (6)
What is the significance of drawings in proving conception for a patent?
Drawings play a crucial role in proving conception for a patent. The MPEP 2138.04 highlights their importance:
“A conception must encompass all limitations of the claimed invention” and “is complete only when the idea is so clearly defined in the inventor’s mind that only ordinary skill would be necessary to reduce the invention to practice, without extensive research or experimentation.“
In this context, drawings are significant because:
- They provide a visual representation of the inventor’s mental picture of the invention.
- Detailed drawings can demonstrate that the inventor had a complete conception of all aspects of the invention.
- Drawings can help prove that the invention was “ready for patenting” at the time of conception.
- They can serve as corroborating evidence to support the inventor’s testimony about conception.
The MPEP also notes: “The inventor’s consideration of all the structural details is not required,” suggesting that while drawings are important, they don’t need to include every minute detail to prove conception. However, the more comprehensive and clear the drawings are, the stronger the evidence of conception.
To learn more:
According to MPEP 608.02(d), conventional features in patent drawings should be illustrated as follows:
- Use graphical drawing symbols
- Use labeled representations (e.g., a labeled rectangular box)
The MPEP states: However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box).
This approach simplifies the drawings while still providing necessary information about conventional elements. It allows the focus to remain on the novel aspects of the invention while acknowledging the presence of standard components.
To learn more:
When illustrating improvements on existing inventions, patent drawings should follow specific guidelines as outlined in MPEP 608.02(d):
- Show the improved portion disconnected from the old structure
- In a separate view, show only enough of the old structure to demonstrate the connection with the improvement
The MPEP cites 37 CFR 1.83(b): When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith.
This approach helps to clearly distinguish the new, improved elements from the existing technology.
To learn more:
No, sequence listings or tables should not be duplicated in both the drawings and the specification of a patent application. The MPEP 608.02(d) clearly states:
If an application filed under 35 U.S.C. 111 or under 35 U.S.C. 371 includes a sequence listing or a table, such a sequence listing or table should not be included in both the drawings and the descriptive portion of the specification.
This requirement helps to avoid redundancy and potential inconsistencies between the drawings and the specification. Applicants should include sequence listings and tables in the appropriate sections of the specification only.
To learn more:
Showing modified forms of construction in the same figure is objectionable under 37 CFR 1.84(h)(5). The MPEP section 608.02(f) provides a form paragraph (6.22.05) that examiners can use to object to such drawings:
“The drawings are objected to under 37 CFR 1.84(h)(5) because Figure [1] show(s) modified forms of construction in the same view.”
This objection is made to ensure clarity in patent drawings and to prevent confusion between different forms or modifications of the invention. Applicants are required to submit corrected drawing sheets in compliance with 37 CFR 1.121(d) to address this objection.
To learn more:
To learn more:
No, modifications cannot be shown in broken lines on figures that show another form of the invention in solid lines. This is based on the principle established in Ex parte Badger, 1901 C.D. 195, 97 OG 1596 (Comm’r Pat. 1901). The MPEP section 608.02(f) states:
“Modifications may not be shown in broken lines on figures which show in solid lines another form of the invention.”
This rule ensures clarity and prevents confusion in patent drawings by keeping different forms of the invention visually distinct.
To learn more: