Discussion:
What is the name of your state? WA
Can anyone tell me if this is an accurate statement?
" When filing a provisional application the patent office doesn't care whether you have drawings or not. They just check to see that you have the minimum requirements to receive a filing date. So, filing with photos is a non issue. A drawing is not needed for a filing date. It would be a different situation if we had filed the non provisional application with photos."
Answer:
Did you not see my earlier response to your post? You have to file drawings with a provisional application:
"(b) PROVISIONAL APPLICATION.-
(1) AUTHORIZATION.-A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Director. Such application shall include-
(A) a specification as prescribed by the first paragraph of section 112 of this title; and
(B) a drawing as prescribed by section 113 of this title."
35 U.S.C. 113 Drawings.
The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented. When the nature of such subject matter admits of illustration by a drawing and the applicant has not furnished such a drawing, the Director may require its submission within a time period of not less than two months from the sending of a notice thereof. Drawings submitted after the filing date of the application may not be used (i) to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclosure therein, or (ii) to supplement the original disclosure thereof for the purpose of interpretation of the scope of any claim.
So yes, the patent office DOES care if you have drawings or not -- without the drawings, you will NOT be accorded a filing date. Period.
Here is the expanded information on phtographs:
"(b) Photographs.-
(1) Black and white. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention. For example, photographs or photomicrographs of: electrophoresis gels, blots (e.g., immunological, western, Southern, and northern), auto- radiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and, in a design patent application, ornamental effects, are acceptable. If the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent."
For a provisional patent, your attorney can submit informal drawings -- why the demand for photographs instead of drawings? Are you filing for a design patent or utility patent?
Answer:
"For a provisional patent, your attorney can submit informal drawings -- why the demand for photographs instead of drawings? Are you filing for a design patent or utility patent?"
That message I posted was from my patent attorney assuring me that I shouldn't worry about drawings since they are not needed for provisional patents. I am applying for a utility patent. The reason we are filing with photos is because the draftsmen the attorney usually uses is super busy so the attorney decided to go with photos. I have to go get some aspirins, all of a sudden I have a splitting headache. Thank you for your very professional information. Frank
Answer:
Well, I'm not going to tell you to ignore the advice of your counsel. I don't pretend to know everything -- maybe he or she knows something I don't know. Here's some more relevant law:
§ 1.81 Drawings required in patent application.
(a) The applicant for a patent is required to furnish a drawing of his or her invention where necessary for the understanding of the subject matter sought to be patented; this drawing, or a high quality copy thereof, must be filed with the application. Since corrections are the responsibility of the applicant, the original drawing(s) should be retained by the applicant for any necessary future correction.
(b) Drawings may include illustrations which facilitate an understanding of the invention (for example, flowsheets in cases of processes, and diagrammatic views).
(c) Whenever the nature of the subject matter sought to be patented admits of illustration by a drawing without its being necessary for the understanding of the subject matter and the applicant has not furnished such a drawing, the examiner will require its submission within a time period of not less than two months from the date of the sending of a notice thereof.
(d) Drawings submitted after the filing date of the application may not be used to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclosure therein, or to supplement the original disclosure thereof for the purpose of interpretation of the scope of any claim.
[43 FR 4015, Jan. 31, 1978; para. (a), 53 FR 47809, Nov. 28, 1988, effective Jan. 1, 1989]
I guess if your invention doesn't REQUIRE a drawing to enable understanding of the invention, then a drawing is not necessarily needed. I've never heard of an invention without a drawing, though...