15 Common Patent Drawing Mistakes That Can Delay Your Patent Application

Patent drawings errors are considered one of the most frequent and avoidable causes of delay in a patent application process with the USPTO. Incorrect margins, fuzzy lines, non-uniform numbers of references, or insufficient views won't necessarily ruin your chances to get the patent altogether, but will surely cause the need for additional formal objections adding weeks or months to the process and requiring the submission of corrected drawings.

Notably, the patent drawings are more than mere illustrations. In the case of the utility patent application, these will show how the invention functions and will back up your claims. In the design patent application case, the drawings constitute the claim itself. In either case, each page will be checked against the standards defined by the 37 CFR § 1.84 and the tiniest deviations might lead to the object or the Office Action from the USPTO.

Here you will find a complete list of 15 common errors of patent drawings, actual requirements for patent drawings according to 37 CFR § 1.84, possible consequences of submitting erroneous patent drawings and methods of their detection.

Why Accurate Patent Drawings Matter

The patent examiner uses illustrations to be able to grasp the structure of the invention, how it works, and its scope of coverage. Properly drawn and formatted drawings assist the patent examiner in the following:

Being able to understand the structure of the invention and interaction among its different parts
Ensuring that all features of the invention have been adequately supported in the disclosure document
Comparing the invention with prior art
Processing the patent application without delays related to requesting formalities改正

When it comes to design patents, the drawings serve as a direct indicator of scope of protection and thus any mistakes in labeling, omissions of views, and differences in the way the invention is shown may influence the scope of protection granted under the design patent. In the case of a utility patent, the drawings assist in writing and understanding both the disclosure and the claim limitations.

15 Common Patent Drawing Mistakes

The errors listed below are amongst the most common grounds for objection of patent drawings by the USPTO. These include all that need to be known regarding the type of error, its significance, repercussions and prevention.

1. Incorrect Margins or Sheet Formatting

• What it is: Drawings not complying with the specified margin size, or combining paper sizes (Letter and A4) within one drawing.
• Why it matters: Standardized margin measurements and sheet sizes for the USPTO drawing ensure consistent scanning, printing, and reduction in every document that is generated.
• Possible consequences: A formal objection that demands that the application cannot proceed until the replacement of the drawing sheets is made.
  How not to fall into it: Make sure all the drawing sheets used have been previously set up with exact margin and sheet-size requirements.

2. Low-Quality or Blurred Drawings

• What it is: Low-resolution or poorly exported drawings which become blurry on submission.
  Relevance: It should be possible to understand each line, digit, or mark written in them; otherwise, they cannot be understood.
  What may happen if it occurs: This may lead to an objection due to poor clarity and further request to replace them.
  Prevention tips: Upload drawings in vector format instead of photos or low-resolution scanned hand-drawn ones.

3. Inconsistent Reference Numerals

• What it is: Same component designated by different numbers within the figures or use of the same number designation for different components.
  Why does it matter? Reference numerals tie the figures into the descriptive portion of the application, enabling examiners to follow the various parts through all the figures.
  Potential consequences: Confusion during examination process, rejection or objections, possible discrepancy between the figures and the specification.
  How to avoid it: Maintain a complete reference numeral listing for all components.

4. Missing Important Components

• What it is: The drawings omit a portion, an element, or a connection mentioned in the specification or claimed in the claims.
  Significance:
  Usually, claimed elements need to be shown in the drawings for utility patent applications. The complete appearance claimed needs to be shown for design patents.
  Potential consequences: Objection that the drawings lack depiction of one of the claimed elements. Addition of matter when such a portion/element/feature is included afterwards.
  How to prevent it: Check all figures in relation with the claims and specification to ensure that all described components are illustrated somewhere in the drawings. 

5. Incorrect Figure Numbering

• What it is: Non-consecutively numbered figures, or missing numbers in the sequence, that do not correspond to the "FIG. 1", "FIG. 2" citations in the specification.
  Why this matters: The figure number is supposed to direct the examiner to look at each drawing as it is described in the spec.
  Potential consequences: Misunderstandings by the examiner and objection for improper numbering.
  How to prevent it: Be sure the figures are numbered in succession as the drawing suite is being assembled.

6. Poor or Inconsistent Line Quality

• What it is: Varying thickness of lines for no apparent reason, or broken lines that are faint or varying in thickness through the drawing.
  Why is this important? The USPTO demands clear, uniform-thickness black lines which remain clearly visible even after reduction of the drawings in printing.
  Possible penalties: Rejection of drawings due to inadequate line drawing and requirement to resubmit drawings.
  How to avoid? Consistent use of line thicknesses in outlines compared to those of dimension lines and hatching lines.

7. Using Color Incorrectly

• What it is: Use of color drawings and photographs when not supported by petition approval; when there should have been black and white line drawings.
  Consequence: Utility and design drawings generally are submitted in black and white unless authorized otherwise by a petition approval, because of the fact that it does not repro in the Official File well.
  Possible penalties: Objection raised against it, re-filing requirements for black and white, and/or submission of petition for color drawings.
  Avoiding problem: Always submit black and white unless it is justified and the petition process has been done for color.

8. Overcrowding Drawings with Unnecessary Details

• What it is: Placing an excessive amount of reference numbers, lead lines, or decorative details within one view.
  Why it is important: Busy drawings will be hard to interpret when scaled down, and could end up hiding the very parts that need to be emphasized.
  Potential implications: Drawing will receive comments for being hard to read or busy, and examiners will have problems finding specific parts of drawing.
  How to avoid it: Spread large views among more than one figure, or use a larger “Detail A” view for smaller and busy parts.

9. Failing to Include Appropriate Views

• What it is: Lack of views necessary for a complete understanding of the invention, including a necessary view, sectional view, exploded, or further side view.
  Importance: Views for utility patents have to be sufficiently numerous to cover all features included in the claims; views for design patents normally have to be sufficiently numerous to cover the whole ornamental aspect.
  Possible negative effects: Objections to insufficient disclosure, requests to provide extra views, delays in examination.
  How not to make this mistake:   Plan all views before beginning their preparation.

10. Inconsistency Between Drawings and Written Description

• What it is: The drawings include information not in compliance with the specification, e.g., a different part count or an unclaimed item.
  Why it is important: It is a matter of determining from the comparison between the drawings, specification and claims what information was indeed disclosed in the application.
  Potential repercussions: Objections, requests for clarification, possible problems with written description.
  How to prevent: Review drawings and description prior to filing to ensure consistency.

11. Incorrect or Missing Labels

• What it is: Missing, unreadable, margin embedded, or too small to read reference numeral or label.
  Relevance: Labels need to fit within the usable portion of the drawing, and be big enough to remain readable when reduced according to standard practices.
  Reasons why it matters: Objection because of illegible or improperly placed reference symbols.
  Prevention tip: Ensure that all reference numerals are of an appropriate size and located outside the margin, connected through visible lead lines.

12. Poor or Improper Shading

• What it is: Inconsistent shading with solid fill, smudgy shading gradients, or does not follow line shading techniques.
  Reason: Shading should demonstrate contour and surface using even spacing between lines, rather than solid coloring or gradient images.
  Potential impact: Rejections due to inconsistent shading techniques are common, especially in design patent filings which include surface appearance as a part of their claim.
  To avoid: Use consistent line spacing for shading to show contour and surface.

13. Unclear or Non-Standard Symbols

• What it is: The use of invented, ambiguous or inconsistent signs or symbols for electrical, mechanical or material items as opposed to standard symbols.
  Relevance: Standard symbols enable an examination reader or another reader to understand schematic or technical items without further interpretation.
  Potential consequences: Challenges or questions by the examiner, which will increase the time required for prosecution.
  How to avoid: Use accepted conventions for schematic and material symbols, as well as clearly defining any new symbols where it is truly required.

14. Not Reviewing Drawings Before Filing

• What it is: Submissions of drawings that have not been checked for final compliance with USPTO rules and the applicant’s claims and specifications.
  Why it is important: Incomplete last checks of the drawings are one of the most preventable mistakes related to drawings since the issues mentioned above can be easily detected in advance.
  Possible consequences: Unnecessary Office Actions, fees for replacement of drawings, and wasting time on prosecution.
  Prevention tip: Performing the last check of drawings before filing should be added to filing check list, preferable done by an individual who had nothing to do with drawing preparation.

15. Not Keeping Editable Source Files

• What it is: Submission of completed PDF or graphics file drawings without the source file.
  Reason why this is an issue: In many instances, amendments will need to be made to original drawings, and it’s not feasible to do this from a flat PDF file.
  What could happen: More costly changes will be necessary later in case there is a need to change an existing drawing.
  How to prevent this problem: Keep your organized and backup source files forever for all of your patent drawings projects.

USPTO Patent Drawing Requirements Under 37 CFR § 1.84

Regulation 37 CFR § 1.84 of the USPTO is the one setting forth the formal requirements to be met by patent drawings. Though, the content of the invention is not specified, the following conditions apply to every sheet of paper used.

Size of paper: the sheet shall be either US letter (21.6 × 27.9 cm/8.5 × 11 in) or A4 (21.0 × 29.7 cm) sheets; the sheets of paper in each application shall be of the same size

Margins: minimum margins to keep the sheets free from figures, reference characters, and page numbers

Lines: black, strong and dense lines of uniform thickness without any color or shading unless the patent applicant files and obtains a petition for the exception

Reference characters: clear and legible numerals and letters which can be reduced but still remain recognizable; all reference characters should be located outside the figures

Numbering of views: consecutive numbering of the figures "FIG. 1," "FIG. 2," etc.; consecutive numbering of the sheets of paper

Shading: allowed and expected for the purposes of design patents in evenly spaced lines without solid blacks or other fillings

Photographs and colors: normally not allowed unless the applicant filed a petition to use them due to necessity

Identification: the title of the invention, the names of the inventor or joint inventors, and application/docket number may be contained in the top margin; replacement sheets of the drawings should also have their label

It is likely that the problems with the formal requirements to the sheets of paper will cause the objections to patent drawings.

What Happens If Patent Drawings Have Errors?

If any of the patent drawings fail to meet the necessary USPTO requirements, a "Drawing Objection" will be raised by the Examiner, usually during an office action, to indicate which aspect of the required format has been neglected. This is independent of the evaluation of whether the underlying idea is capable of being patented or not.

After an objection has been made, the applicant will have to rectify the flaw pointed out in the objection within a certain time frame using either corrected drawings or completely new drawings for the same purpose. This can make the process of prosecution much longer, as well as entail extra costs to produce such drawings by the illustrator/attorney. Failure to submit the required documentation on time can lead to the abandonment of the patent application.

The key point here is that clearing an objection only resolves a formatting problem; nothing more and nothing less.

How to Avoid Patent Drawing Mistakes

There are practical steps to prevent most common errors in patent drawings prior to submitting them to an examiner:

Do your drawings early. Start drawing alongside with drafting a patent application rather than when it is nearly finished.
Identify the type of the patent application. Utility patents and design patents require different approach to their drawings.
Use a good source material. Provide your draftsman with sketches, CAD files or photos and the comments from patent office if you modify previous drawings.

Use the 37 CFR § 1.84 guidelines starting with the initial draft. Put margins, size of sheet, and numbering conventions into templates for your drawings.

Compare with your claims and specification. Make sure that all the features mentioned in the claims appear on the drawings and numbering is correct.

Use an external review. Have somebody outside of your team of draftsman check your drawings with the help of the checklist provided below.

Store all the files. Keep original files with the drawings in order to make possible corrections or prepare substitute sheets if necessary.

Patent Drawing Checklist Before Filing

A quick pre-filing checklist to catch common patent drawing mistakes:

• Correct sheet size used consistently throughout (Letter or A4)
• Margins meet the required minimums on all four sides
• All lines are solid black and consistently weighted
• Reference numerals are consistent across drawings and the specification
• Figures are numbered consecutively and match every “FIG.” reference in the text
• All claimed features and components are shown
• Appropriate views are included for the invention type
• Shading, if used, is evenly spaced rather than solid or gradient
• No stray marks, watermarks, or non-standard symbols appear in the drawing area
• Drawings have been reviewed against the claims and specification
• Files have been checked at reduced size for legibility
• Editable source files are saved and backed up

Can a Professional Patent Illustrator Help Avoid These Mistakes?

Yes. A professional patent illustrator used to creating drawings in accordance with the rules set out in 37 CFR § 1.84 would have less trouble avoiding the format problems described here because they are typical problems that have been repeatedly pointed out by experts.

The reason is the established procedure that an illustrator uses when it comes to margin, reference numbers, views, and shading. In addition to that, the professional can transform a preliminary design sketch, a CAD drawing, or even an actual picture of the product into a format appropriate for examiners. Still, keep in mind that an illustrator's main concern is the correct drawing, not necessarily the claim strategy.

Why Choose The Patent Experts?

Patent Illustration Experts prepares patent drawings for utilities, designs, mechanical and 3D modeled applications that can be prepared for filing in the USPTO. Just some useful information regarding preparation of drawings by the team: 

• Drawing is done considering USPTO requirements, including margins, reference numbers, views and other specifics
• There is an experienced professional patent drafter working in the area of utilities, designs, mechanical and 3D modeling drawings
• It is possible to sign NDA before beginning of the project in case inventor/attorney wants to have confidential relations
  Revisions are offered by the team
• It is possible to work not only with individuals and startup but with businesses and lawyers throughout the US
   

In case you need to fix drawings that were previously objected or you are just going to prepare drawings for your utility or design application to be accepted in USPTO - The Patent Experts can help you out.

FAQs About Patent Drawing Mistakes

What are the most common patent drawing mistakes?

Most common mistakes in patent drawings include inappropriate margins, images being of poor quality or too blurry, inconsistent use of reference numerals, lack of required views, wrong shading, etc. Most commonly, all these mistakes lead to an objection rather than rejection of the invention.

Is there a case when patent drawings make a patent be rejected?

Patent drawing mistakes are not likely to lead to rejection of patent claim. Instead, it usually leads to objections and issuance of a notice by examiner about the necessity to submit replacement drawings.

What does 37 CFR § 1.84 require?

This regulation contains the technical requirements for patent drawings established by USPTO. These requirements refer to such issues as paper size, margins, line thickness, reference characters, view numbering, shading, cases when using color, photographs, and computer generated drawings is acceptable. Drawings should usually comply with these rules in both design and utility patents.

Are there any differences between technical requirements for utility and design patent drawings?

Sure. In design patents drawings should present the whole appearance of the product viewed from several directions because it defines its claims. As for utility patent, it usually includes more illustrations about the structure and operation of the invention with less emphasis on particular views.

Can I fix patent drawings after filing?

Drawings can usually be corrected after filing through filing replacement sheets based on the Examiner's objection to them. Corrected drawings will have to be in compliance with USPTO requirements and not include new matter that wasn't disclosed in the application.

Are color patent drawings allowed?

Color drawings and photographs are not allowed in utility or design applications, unless there is a petition filed that provides justification for such drawings. Black and white drawings, including those that are made up of line drawings and line shading, are expected by default.

How many views are required in a design patent?

The number of views that need to be provided in a design patent depends on the particular invention's shape and on the views that make sense in order to disclose all the features of its ornamental design.

Do patent drawings need to be to scale?

There is no requirement to provide a scale for drawings, however, the elements within each patent drawing should be represented in proportion to one another. When there is a need to show a small part of an invention in greater detail, a Detail view is provided with a lead line.

How long does it take to fix rejected patent drawings?

Replacement drawings will be prepared usually much faster than the original drawings as the basis for the drawings is already created, however, the time frame for fixing patent drawings is still limited by USPTO requirements.

Should an inventor hire a professional for patent drawings?

An inventor would want to hire a professional for the creation of patent drawings, because the person is likely to know how to comply with 37 CFR § 1.84 and avoid common drawing objections, which are checked by an Examiner during the examination of an application.

Can patent drawing mistakes delay the whole application?

Yes, they can cause delays. A drawing objection suspends further consideration of the application by an Examiner, until corrections to drawings are submitted. It is possible to avoid this type of delay by properly preparing drawings before filing them.

Conclusion

The majority of errors in the drawing portion of a patent application relate to formality concerns rather than the actual invention — margins, reference numbers, omitted views, or drawings that do not correspond to the description. In themselves, these aren’t difficult errors to address. However, they are often one of the most common grounds for an objection that could have been avoided in what otherwise would have been a simple application process.

Reviewing the above checklist prior to submission, or getting professional patent illustrations done right from the start, will typically be the more effective method of producing a drawing section compliant with USPTO standards. In the event that you are working on either a new application or an objection to existing drawings, The Patent Experts can assist with all sorts of patent drawings, including utility, design, mechanical, 3D and replacement.