Can drawings in patents be used as prior art?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, drawings in patents can be used as prior art. According to MPEP 2125, “Drawings and pictures can anticipate claims if they clearly show the structure which is claimed.” This applies to both design patents and utility patents. The MPEP further states:
“The origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention as can drawings in utility patents.”
However, it’s important to note that the drawings must clearly show all the claimed structural features and how they are put together to be considered anticipatory.