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FYI – Patent Drawings Blog

Patent Drawing Terms To Know

Patent Illustration Definitions

Discover clear and concise definitions of essential terms related to patent drawings. Our helpful resources and expert insights will help you navigate the complexities of the patent drawing process and ensure your illustrations meet all necessary requirements.

3D File

a file that contains a three-dimensional field where objects may be visualized from every angle; common file types include .dwg, .3dm, .stp, .dxf, .sldasm, .edrw

learn more about file types and how they impact patent illustration

Alternate

position

a different position of the subject matter of a claim should be drawn in a separate view but can sometimes be represented by a broken line

Appeal

if an applicant is not content with the final decision/rejection made by a patent examiner or trademark examining attorney, they may request to review the final decision/rejection

Application

number

when the USPTO receives a finished patent application they assign it an application number

Arrows

when attached to lead lines, arrowheads can point toward a general part of a drawing, touch a line to indicate a surface, or show the direction of movement

Attrition

The rate at which workers leave their place of work. When patent examiners leave the USPTO, either voluntarily or through retirement, it affects examiner availability and slows the review process.

Backlog

In the context of the USPTO, this is the total number of pending applications (often unexamined ones) awaiting action at the USPTO. A high backlog means longer pendency for new filings.

Broken lines

patent drawings can employ broken lines to show environmental elements useful to understanding an invention, but not part of the claimed design

Claim

defines the design or invention that someone wishes to patent; a design patent application only includes one claim whereas a utility patent application may include several claims

Color drawings

patent drawings should be in black and white but if color is necessary to show the invention, permission can be granted by the USPTO

Contour

the way a surface is shaped or characterized; can be shown in design patent drawings with shading techniques

Copyright

a type of IP that protects original works of authorship such as paintings, photos, drawings, musical compositions, books, movies, architecture, etc. (US Copyright Office, copyright.gov)

learn the difference between a copyright, trademark, and patent

Cross-section

the surface exposed after a section cut, see sectional views

Design patent

one of three types of patents; protects a “new, original, and ornamental design for an article of manufacture.” – USPTO

see the difference between a design patent drawing and a utility patent drawing

Examination

a patent examiner will review the claimed subject matter to determine if it is patentable

Exploded view

details an assembly of separate parts; often encompassed in a bracket

Figure (FIG.)

a drawing of one view of the claimed subject matter

Figure descriptions

identifies the view of the drawing/figure

Filing date

when the USPTO receives finished patent applications they assign them filing dates which determine the order in which the applications are examined

First Office Action

(FOA)

The initial written response from a USPTO examiner after reviewing a patent application. It typically includes rejections, objections, or requests for clarification.

First Office Action

Pendency

The time from filing to the examiner’s first feedback.

Font size

if the numbers and letters in a patent drawing are too small, the patent application will recieve an objection

Hatching

used to indicate a section (where the object is cut) in a drawing, ; can also indicate the type of material an object is composed of, ie. metal, wood, rubber

Intellectual

Property (IP)

ideas or works created by an individual or group in a way that can be reproduced or emulated; legally protected through use of patents, trademarks, copyrights, and trade secrets

Intellectual

Property (IP)

Attorney

lawyers who specialize in intellectual property (IP) rights

International

patent

a patent that requires a single application but allows protection for an invention across many countries at the same time, see also Patent Cooperation Treaty (PCT)

Invention

USPTO definition: Any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the U.S. Patent Laws of the United States.

Lead line

connects a reference character to the detail it refers to

Line weight

the thickness of a line in a drawing; for a patent drawing to not receive an objection, line weights must be consistent and methodical

Margins

patent drawings must be formatted with specific margins to be permitted by the USPTO

Modified forms

different forms of construction are drawn in separate views

Non-disclosure

Agreement (NDA)

a legal contract that prevents someone from sharing protected information

Non-provisional

application

must include a formal patent claim, oath or declaration, drawings, and filing/search/examination fees; results in a patent issued by a patent examiner if all requirements are met

Notice of

Allowance and Fee(s)

given by the USPTO to a patent applicant whose application has fulfilled all requirements as determined by a patent examiner; if dues are paid the patent will be issued

Objection

the USPTO may have objections to a claim for a patent if it is deemed unpatentable after referencing prior art or if the disclosure in the claim is unclear

see Top 10 Patent Drawing Objections

OnCue™

a trial presentation software that NVG offers its expertise in

Partial views

large detailed patent drawings may be separated into several partial views in which the edges of the figures line up

Patent

grants an inventor or designer the right to stop another from making, using, selling, or importing their invention or design

learn the difference between a patent, trademark, and copyright

Patent Cooperation

Treaty (PCT)

an international agreement that makes it possible to apply for a patent that provides patent protections in many countries at the same time, see also international patent

Patent drawing

illustrations that depict the subject matter of the claim in a patent application; must adhere to USPTO drawing requirements in order to pass examination

see examples of patent drawings

Patent pending

see provisional application

Pendency

The amount of time a patent application spends in the examination process at the USPTO—from the filing date to final decision (grant or abandonment). See First Office Action Pendency, Traditional Pendency, and Total Pendency.

Perspective view

used to show multiple surfaces of a 3D design in one drawing

Plant patent

one of three types of patents; is used “for inventing or discovering and asexually reproducing any distinct and new variety of plant.” – USPTO

Prior art

previously published or issued patents to be compared to patent drawing subject matter during examination

Provisional

application

available for utility and plant patents only; requires fewer details about the invention than a non-provisional application and has a smaller filing fee; is used to establish an early effective filing date for an invention and if filed must be followed up by a nonprovisional application within 12 months to use the early filing date; grants use of the term “ patent pending“

Raster file

a file with two-dimensional graphics composed of pixels, making it difficult to enlarge without losing quality; common file types include .jpeg, .png, .gif, .doc, .tiff, .psd

learn more about file types and how they impact patent illustration

Reference characters

often numbers; identify details or parts of the drawing that appear in the drawing description; often connected by lead lines

Reference line

see lead line

Registered trademark

a trademark that has been officially registered through the USPTO, granting it federal (nationwide) rights and protections

Rejection

the patent may reject a claim for a USPTO if it is deemed unpatentable after referencing prior art or if the disclosure in the claim is unclear

Request for Continued

Examination (RCE)

A formal request to reopen prosecution after a final rejection. Filing an RCE resets certain timelines but adds significant pendency.

Sectional views

reveal the subject matter cut along a plane with the plane represented by a broken line, see also cross-section

Service mark

a trademark for a service as opposed to a good

Shade lines

see surface shading and straight-line surface shading

Stippling

one of two shading techniques used in design patent drawings employing small dots or points

Straight-line

surface shading

one of two shading techniques used in design patent drawings employing straight lines

Surface shading

allows a viewer to detect the contours of surfaces and determine between open and solid elements of the subject matter in a design patent drawing, see stippling and straight-line surface shading

Symbols

known conventional symbols may be used in patent illustrations

Total Pendency

The total time from filing a patent application to the final outcome.

Trade secret

a form of IP that has economic value from not being generally known, has value to those who can’t obtain it, and requires effort to protect its secrecy

Trademark

a trademark grants rights to how a phrase, word, symbol, and/or design is used with a specific good or service, see also registered trademark

learn the difference between a trademark, patent, and copyright

Traditional Pendency

Total time from filing a patent application to the final outcome excluding cases with a Request for Continued Examination (RCE).

Trial graphics

graphics that help attorneys convey matters of a court case to a jury

U.S. Patent Law

defines the limits of what can be patented and sets conditions for patent matters in the United States

Unexamined

Application

A filed patent application that has not yet been assigned to an examiner or received its first office action. These sit in the USPTO’s queue and contribute to the backlog.

UPR Application

Short for Utility, Plant, and Reissue patent applications. These are the main categories of patent applications tracked by the USPTO (excludes design patents).

United States Patent

and Trademark Office

(USPTO)

federal agency that examines and approves patent and trademark applications, serves as an advisor for the nation on IP matters both domestically and internationally

Utility patent

one of three types of patents; protects a “new or improved and useful process, machine, article of manufacture, or composition of matter.” – USPTO

see the process of obtaining a utility patent

Vector file

a file with two-dimensional graphics composed of geometric data that can be enlarged without losing quality of the depiction, common file types include .pdf, .ai, .dwg, .eps

learn more about file types and how they impact patent illustration

Views

plans, elevations, sections, perspectives, and detail views are used in patent drawings to show all of an invention when seen together

more patent articles:

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