What is required for a drawing to anticipate a claim?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

For a drawing to anticipate a claim, it must clearly show all the claimed structural features and how they are put together. The MPEP 2125 cites the case of In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972), which established that:

“Drawings and pictures can anticipate claims if they clearly show the structure which is claimed.”

However, the MPEP also references Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928), which clarifies that:

“[T]he picture must show all the claimed structural features and how they are put together.”

This means that for a drawing to be anticipatory, it must not only show all the elements of the claim but also demonstrate how these elements are arranged or combined in a way that matches the claimed invention.

Topics: MPEP 2100 - Patentability MPEP 2125 - Drawings As Prior Art Patent Law Patent Procedure
Tags: Design Prior Art Types, drawings, Drawings Required