Can drawings in patents be used as prior art?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2125 - Drawings As Prior Art,
Patent Law,
Patent Procedure