More than just sketches, patent drawings help bring inventions to life. These pictures can make all the difference, not just for your patent application, but also when legal battles ensue.
Here, we’ll discuss how a patent drawing works, why it is important, and how to make one based on Canadian laws. In any case, there’s no substitute for legal advice from an intellectual property (IP) or a patents lawyer.
What is a patent drawing?
As literal as it sounds, patent drawings are the illustrations of your invention submitted along with your application for patent registration. In other words, these drawings are the visual part of your patent application which:
- explains how your invention works
- show the physical aspects of the invention
- supports your application's written description
Not only does a patent drawing help your patent application, but it also prevents others from copying or using your invention without permission. Since it lays down the details of your invention, it will be easier to compare it to another invention, especially in cases of infringement.
Here’s a video that explains what patent drawings are and how they work:
Consult these Lexpert-ranked best intellectual property lawyers in Canada, who can guide you in starting a patent application.
Patent drawings in Canada
Canada’s laws that govern patent drawings include:
Read next: Patent office forms: A checklist for patent applicants
While the Act is the law for patents in general, the specific steps and requirements can be found under the Rules. The Manual, which further explains the Act and the Rules, was issued by the Canadian Intellectual Property Office (CIPO).
These laws say that, whenever possible, drawings are required to support the patent application. This is especially true when the other parts of the application cannot fully describe the invention. The only time the drawings are not necessary is when the invention cannot be illustrated.
To be compliant with the law, the drawings must:
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show the features, structure, or steps of the invention in a way that makes it easier to understand what is being patented
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include diagrams, flowcharts, or technical sketches to help examiners and the public see exactly what the invention is and how it works
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be complete and easy to read, where the drawings match the written description and claims in the application
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show each part of the invention in the drawing; each part must be labelled and explained in the description
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follow the standards set by the CIPO for the page size and paper quality
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What are the steps in creating a patent drawing?
Making a patent drawing for a Canadian patent application follows a straightforward process. These steps ensure that your patent drawing meets all the legal requirements and help the CIPO understand your invention:
- Know if a patent drawing is needed
- Prepare clear and complete drawings
- Follow the language and format under the law
- Make sure the drawings match the description
- Include the drawings with the application
You can watch this video to know more about how patent drawings are made:
For help on preparing patent drawings, you can reach out to these Lexpert-ranked best law firms in Canada for intellectual property law.
1. Know if a patent drawing is needed
The Patent Act requires you to include drawings with your patent application if your invention can be illustrated by drawings. This is often the case for machines or any invention where a drawing would help explain how it works.
In these situations, you must attach clear patent drawings that show all parts of your invention as part of your application.
Photographs as substitutes
The CIPO says that whenever possible, a drawing of your invention must be included in your patent application. However, if your invention cannot be illustrated, you can submit photos of your invention, in lieu of a patent drawing.
Note that photos are only allowed if the invention cannot be redrawn as black and white line drawings. As a rule of thumb, black and white line drawings are preferable over photos.
Unlike patent drawings, the photos can contain colours, but still subject to other language and format rules applicable to the drawings.
2. Prepare clear and complete drawings
When creating patent drawings, there are some factors you need to consider:
Clarity
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the drawings must be easy to read and show all parts of the invention that need to be explained
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keep in mind that the drawings are intended to clarify the principles of the invention’s construction, instead of providing details of its dimensions or relative proportions
Labels
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each part should be labeled and match the written description and claims in the application
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universally recognized symbols that have conventional meanings can also be used
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text may be added if it would better explain the drawings
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blank “blocks” in schematic diagrams must be labelled
3. Follow the language and format under the law
Below are the language and format rules for patent drawings, as provided by the Rules and CIPO’s Manual:
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language: must be in English or French, similar to your patent application
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manner:
- must be in black and white (not coloured)
- should be neat, clear, and not crowded; dark enough that it can be accurately reproduced
- hatching (fine, parallel lines) can be used to show cross-sections
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paper:
- size should be either 8.5" x 11" or A4 format
- since the drawings will be electronically reproduced, there should be no folds, creases, erasures, or underlining
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margins:
- top and left: 2.5 cm
- right: 1.5 cm
- bottom: 1.0 cm
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references: numbers or letters can be used as reference characters to identify the different parts of your invention; if used, they must be placed at least 0.32 cm high
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pages: several figures can be placed on a single page, as long as each part is arranged in a way that the entire figure can be seen
4. Make sure the drawings match the description
Again, you must check that every part shown in the patent drawing is explained in the written description. The goal is to help the examiners and the public understand your invention, as described in your application.
These steps help ensure that your patent drawing meets the requirements under the law and supports the application process.
5. Include the drawings with the application
Finally, you must submit your patent drawings along with the other requirements for a patent application. These include the:
- petition
- inventor information
- abstract
- claims
- written description
If drawings are needed but missing, the CIPO will ask for them before giving a filing date. You must also pay certain fees along with your application.
Find how much a patent cost in Canada, from application, maintenance, and other patent-related transactions with your lawyer and the CIPO.
Submission of all requirements, including patent drawings, can be done either:
- through the MyCIPO Patents portal
- by mail
- in person
- by fax
Amendments to the patent drawings
If your patent drawings have errors, the Patent Act allows any amendments to the drawings or any part of the application before the patent is issued. However, CIPO’s Manual says that drawings cannot be amended to add a new matter.
Can you patent an idea in Canada? Find out in this guide.
How can lawyers help in completing a patent drawing?
There are several reasons to consult a lawyer when preparing patent drawings. While lawyers do not create the drawings themselves, they can advise on important legal aspects related to your submission.
Here are the ways that an IP or patents lawyer can assist you when you’re completing a patent application and drawing:
Ensuring a patent drawing meets Canadian requirements
Lawyers help inventors understand when a drawing is needed and what details must be shown. They also ensure that the drawing matches the application’s written description and claims.
Guide inventors on the format and language rules
Since the Patent Act, its Rules, and other regulations set by the CIPO can be complicated, lawyers can help you understand what these laws mean.
Help when something goes wrong
If the drawing is missing or does not meet the requirements, lawyers can help fix the problem before the application is filed. Lawyers can also help in any matter post-application.
In some cases, lawyers work with patent agents or technical illustrators. This teamwork helps your patent application move smoothly through the review process. These steps help avoid mistakes that could delay your application or weaken your patent’s protection.
Patent drawings: Sketching your IP protection
Beyond expressing what words cannot, patent drawings help bring an invention to life and make a difference in both the application process and legal disputes. As such, it is also important to have an IP and patents lawyer, who can help ensure a smoother patent application and that every line and stroke in the patent drawing is correct.
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