DPR Patent Drafting Co.

FREQUENTLY ASKED QUESTIONS

The following questions are answered below, if you have any additional ones that you feel should be added, just let DPR know!

1. What are patent drawings, and who needs them?

2. How do I know if I need patent drawings for my application with the USPTO?

3. What can DPR Patent Drafting Co. do for me?

4. Do I need to find a patent drafter like DPR, or can I do it myself?

5. What drafting program do you use?

6. Can I have an estimate before work is done?

7. How quick of a turn around time can I request?

8. Do you prefer pictures or photos to work from, or the invention itself?

9. What electronic image formats can you receive to begin work?

10. What electronic image formats can you export the drawings to?

11. If I need to, can I manually mess around with the drawings after they are complete?

1. What are patent drawings, and who needs them?

As a citizen of the US, you have the right to be protected for any new novel idea, concept, or invention. The United States Patent and Trademark Office (USPTO or the Office) is a department under the government that carries out this sole responsibility. Anyone has the right to file a patent to protect his or her invention from others, as long as they play by the rules and regulation of the USPTO for consideration. Under 35 U.S.C. 113, the law states:

35 U.S.C. 113. Drawings.

The applicant shall furnish a drawing where necessary for the understanding of the subject matter 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 Commissioner 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 a 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.

Basically, it is the responsibility of the inventor to furnish drawings if necessary. If the inventor does not feel that drawings are necessary, the Office will have the final say and may require drawings if they find that drawings will better the understanding of the subject matter to be patented. In further detail, 37 CFR 1.81 states:

37 CFR 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, flow sheets 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.

2. How do I know if I need patent drawings for my application with the USPTO?

9 out of 10, you will most likely need patent drawings for your application with the USPTO. A drawing is not required for a filing date if the application contains:

1. a least one process claim

2. at least one composition claim

3. at least one claim directed to an article or product made from a particular material or composition

You should double check with a patent attorney or agent before you decide whether or not your should enclose patent drawings with the application.

3. What can DPR Patent Drafting Co. do for me?

DPR provides drawings to meet USPTO standards. It is common that the patent attorney, agent, or inventor does not have enough time or artistic talent to complete the drawings necessary to file the application, and this is where DPR comes in.

4. Do I need to find a patent drafter like DPR, or can I do it myself?

The rules and regulation of the USPTO were designed so that any ordinary citizen could have the tools and capability to file a patent application. The inventor may wish to take care of the drawings own his or her own, but must also educate to make sure they meet the Office standards. Lack of artistic ability and time (either time spent learning to Office standards or time spent physically drawing) is a main factor on why many clients look for patent drafters such as DPR.

5. What drafting program do you use?

I use Macromedia Freehand. We have previously worked with CAD but have preferred something a little more "free-spirit". Freehand provides us with all the tools necessary to complete any type of patent at any stage of completion.

6. Can I have an estimate before work is done?

Of course!, DPR has two basic types of estimates - the rough and exact estimate. The rough estimate is when the client briefly describes the amount of work to be done, and in reply, DPR will give a rough estimate. The client must not take the rough estimate seriously because it is most definitely subject to change. The client can pretty much give themselves a rough estimate when looking at our pricing table. An exact estimate is when the client has physically shown DPR the actual work, either through some image format through the internet, by fax, or by mail. DPR will give an exact estimate that is only subject to change if additional matter is added.

7. How quick of a turn around time can I request?

DPR is unique among others because we have up to a 24 hour turn around time if requested (for emergencies only), as long as the matter reasonable in content. We will do whatever it takes to help you make that short deadline.

8. Do you prefer pictures or photos to work from, or the invention itself?

It's really up to the client's preference on this one. Sending in pictures or photos is much easier in the long run, but the client must be aware that the views depicted in the images are exactly how they are going to be drawn here at DPR. The client must make sure that he or she is satisfied with the views of the invention before sending them. It must also be noted that if the images are too unclear in content for whatever reason, DPR would suggest to either re-shoot the pictures, revise the sketches, or just send in the invention.

9. What electronic image formats can you receive to begin work?

I can pretty much receive any electronic image format. Some common ones are pdf, jpeg, gif, tiff, bmp. I would check with DPR just to make sure we can accept any other.

10. What electronic image formats can you export the drawings to?

Same as those I can receive, clients most often prefer pdf.

11. If I need to, can manually I mess around with the drawings after they are complete?

DPR will not keep the original Macromedia Freehand document from you to alter and mess with. To be able and open the document, the client must either have the Macromedia Freehand program itself or a trail version of it. Unless you plan to do some major altercations, it is probably worth it to let DPR take care of any further revisions. Remember, corrections are free of charge unless new additional matter is

being added.