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EPO Patent Drawing Rules

All patent offices have their patent drawing rules that should be followed stringently while filing the patent applications. We will discuss the EPO Patent Drawing Rules requirements of the European Patent Office.

EPO (European patent Office) has set patent drawing rules for drawings, photographs, diagrams, and flowsheets that you must follow while generating drawings for the patent application. If you do not follow the patent drawing rules, you might get the unnecessary objections from the examiner. These unnecessary objections will increase grant time for your patent. A great patent drawing is one that doesn’t raise any examiner query. And for a set of great patent drawings, you need an expert patent illustrator.

Also Read: Germany Patent Drawings Rule

EPO Patent Drawing rules: Important Points

You must follow EPO Patent Drawing Rules for cutting down office actions, saving costs, time, and efforts. Following patent drawings rules are the source for first-hand rejection of the patent drawings and thus your patent application:

Color Drawing Rules of European Patent Office

Black and White Patent Drawings:

As per the EPO patent drawing rules, the EPO requires black and white drawings. You can use black printing ink such as India ink when you are printing the drawings on paper. You need to make sure that when the drawings are made using any software, the drawings are generated using only black color. It is to be noted that the other colors when printed in black and white can give different shades of grey color.

Black and White Photographs:

Photographs are possible as per the EPO Patent Drawing Rules solely when they are the only available medium for illustration of the invention. The examples of photograph eligible patent illustrations could be chemical structures, cell structures, or beauty products, etc.

It is to be noted that the photographs should be of high quality so that they can print every detail when they are printed in black and white format.

Colored Photographs:

A Color photograph is acceptable only when you satisfy the conditions for the acceptance of black and white photographs. Also, the color photograph should satisfy the condition of color drawings.

Colour Drawings:

You must use color drawings only when you have no other choice. The color drawings’ quality should be very high. The examiner or the patent office should be able to print every detail of the color drawing in black and white format. Please note that the color drawings are prohibited in international applications. They may be allowed only when they are the only medium to express the details of the invention.

If you wish to use color drawings in your application, you must file a petition with the EPO. Your petition must explain the significance of the color drawings. The EPO patent drawing rules allow color drawings only after the grant of the petition.

The inclusions of color drawing petition are:

  1. Petition Filing fee.
  2. A black and white photocopy of the color drawing with similar details and 3 sets of color drawings.
  3. Your drawing description must include the following paragraph: “The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee”.

Drawing Identifications rules of the EPO

The Drawing Identification must include:

  • Title of the invention.
  • Name of the Inventor.
  • Application number/Docket number.

You must place this information on the front page and align it to the center with the top margin.

Size of the Sheet as per EPO Patent Drawing Rules

All the drawing sheets must have same size. You must stick to any of the following dimensions:

  1. 21.0 * 29.7 cm, or
  2. 21.6 * 27.9 cm

The weight of the paper should be 80-120 g/m2 (gsm).

Paper Type for EPO Patent Drawings

Your drawing paper must be flexible, durable, white, non-shiny, and smooth. Do not use sheets with folds and creases. Further, you must only one side of the sheet. You must try to avoid erasure marks, overwriting, and alterations.

Paper Margins rules in EPO Patent Drawings

All sheets of your EPO patent drawings must follow the following margin scale:

  1. The top margin of 2.5 cm.
  2. Left side margin of 2.5 cm.
  3. Right side margin of 1.5 cm.
  4. The bottom margin of 1.0 cm.

Types of Views:

Orthogonal Views

Your drawing should include all orthogonal views of the invention i.e. top view, Bottom view, Side view, Front view, Back view, etc.

Perspective Views

Also, you must include one or more perspective views of the invention. Further, try to keep one view on a sheet. However, you are permitted to include more views on a sheet. We do not recommend more than 2 views on a sheet for better clarity. In addition, try to avoid wasting sheets, keep the position, and maintain a proper gap between the views.

NOTE: Do not use similar sheets for views and claims.

Some other important views are included below. These views become important when you need to give more specific details about your invention.

Exploded Views:

Exploded views show the working, order, or relationship of an assembly of different parts. You must place an exploded view within the brackets. Read Patent Drawing Exploded Views for more information on exploded views.

Sectional Views:

A sectional view is used to show a hidden area or part of an object by cutting/removing some of the parts of that object. The cutting line is termed as cutting plane. Read Patent Drawing Sectional Views for more details.

Use of Scale in Patent Drawings

You must create a drawing with a scale that shows the mechanism of the invention without crowding. Further, you cannot use indications like actual size or scale 1/2 on the drawings.

Drawing Surface Shading requirements:

Drawing Surface Shading indicates the surface conditions or shape of any object. Spaced lines are preferred for shading. They must be thin, few in number and must contrast with the rest of the drawing. Further, you can also use stippling shading, however, that shading is generally recommended for design patent drawings.

In addition, you must assume the Light coming from the upper left corner at an angle of 45° for shading. Pitch black shading is prohibited. However, you may represent bar graphs with them.

Consider Reading: Patent Drawing Symbols for Draftsmen, the topic includes symbols for surface shading.

Drawing References:

  • Use the English alphabet for references. However, to depict wavelengths, angles, and formulas, etc. you may use other kinds of alphabets.
  • Keep legible reference characters such as sheet or view numbers. You should avoid using brackets or inverted commas.
  • Keep the size of Numbers and letters to a minimum of 0.32 cm in height. You must place them at a clear surface and avoid placing them over figures and shades.
  • Orient the references in the direction of the drawing view.

Symbols/Graphics:

You can consider using Graphical drawing symbols for conventional elements. You must use symbols to illustrate devices that bear a conventional meaning around the world and acceptance in the art. The capital letter of the symbol must have a height of 0.21 cm.

Use of Arrows in Drawings

You are allowed to use the arrows at the end of the lines. These arrows are used to indicate the following:

  1. At the tip of the lead line to indicate the entire section in the direction of the arrow.
  2. Indicating the direction of movement.

Leadlines:

Leadline connects the reference characters and referred details. You must keep the leadlines as small as possible. Lead lines can be straight or curved. It is important to note that the leadlines must not overlap with each other.

If you wish to place a copyright/mask work notice, use it just below the relevant figure. You should keep the size of the letters from 0.32 to 0.64 cm. Further, limit the contents of the notice as per the law.

Furthermore, you must stick to the authorized language to gain a permit for the copyright/mask work notice.

EPO Patent Drawing Rules: Tips

You must take care of some major tips in order to file the application correctly and in accordance with the EPO patent drawing rules. They are:

  1. Submit durable and permanent correction to the Office.
  2. Avoid holes in the drawing sheets.
  3. Number different views and sheets of the drawing with Arabic numerals.
  4. Place authorized security markings on the top of the page, centered at the top margin.

Drawings within Proper Patent Drawing Rules – Patent Drawing Experts

We the Patent Drawing Experts are always there for you with our experienced professionals in the market. We are the Patent Drawings Company that follows Patent Office Rules Religiously. We believe in accurately diligent work and proper customer satisfaction. Our experienced team at the Patent Drawing Experts comprises of experts and professionals patent illustrators.

Our Patent Drawing Services include both Utility Patent Drawings as well as Design Patent Drawings.

As soon as you place an order, our team starts working on it. Our team uses the latest Softwares and delivers the drawings as per your requirements. Moreover, our prices are highly competitive. In addition, we work within a quick turnaround time and with long-lasting results. Our work outputs are in flexible formats. To get to know more about our services, please visit The Patent Drawings Company of Patent Drawing Experts.

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What are the Patent Search Databases?

Patent search Databases

Patent Search Databases or Patent databases are the collections of patents/applications usually maintained by respective national patent offices, for example, USPTO (the United States Patent and Trademark Office), IPO (Indian Patent Office), JPO (Japanese Patent Office), etc. Such databases are usually available free of cost, however, there are a number of paid databases also such as Delphion, Micropat, etc., which have a collection of patents and applications from several countries and have advanced search options.

The patent databases can be classified mainly into three types:

a) Government based patent databases

b) Free patent databases

c) Paid patent databases

a) Government based patent databases

Government based patent databases are the databases that belong to the Intellectual Property Office of the respective country. Such databases are a primary source of patent-related information and contain patents/applications which have been published or granted by the Intellectual Property Office of the respective country. For example, USPTO covers the patents/applications published by the US patent office.

Indian Patent Office is in a process of creating an online database containing granted patents3 and patent applications published upon expiry of 18 months.

b) Free patent databases

There are several free patent databases available to search for the patent/applications.

c) Paid patent databases

The paid databases have information on patents/applications from various countries and such databases are usually accompanied by additional features to facilitate a better patent search.

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How patent drawings are reviewed at USPTO?

The Office of Patent Application Processing (OPAP) performs an initial review of patent drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. Design applications are not published, and patent drawings filed in design patent applications are not reviewed by OPAP for publication purposes. The standard of review employed by OPAP is such that most drawings, including those that have been indicated by an applicant to be “informal drawings,” will be acceptable.

OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced. If the drawings are not acceptable, OPAP will object to the patent drawings and notify the applicant that timely submission of acceptable drawings (e.g., drawings which can be scanned) is required.

Under the OPAP review process, OPAP may object to and require corrected patent drawings within a set time period, if the drawings:

  • (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1);
  • (B) have missing lead lines. See 37 CFR 1.84(q). Lead lines are those lines between the reference characters and the details referred to;
  • (C) contain excessive text or text that is not in English (including, for example, a flow chart that was originally not in English that has been marked up to include the English text). See 37 CFR 1.84(o) and (p)(2) and 37 CFR 1.52(d);
  • (D) do not have the appropriate margin or are not on the correct size paper. See 37 CFR 1.84(f) and (g). Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left side margin of at least 2.5 cm. (1 inch), a right side margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);
  • (E) have more than one figure and each figure is not labeled “Fig.” with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);
  • (F) include photographs of the claimed invention which are capable of illustration by another medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b); and
  • (G) contain color drawings or color photographs, but not a petition to accept color drawings/ photographs. Note that the requirement for a black and white photocopy of any color drawings/photographs has been eliminated.

If OPAP objects to the drawings and sends the applicant a Notice requiring the submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in a paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP. Otherwise, in most situations, patent application publications and patents will reflect the quality of the drawings that are included with a patent application on filing unless the applicant voluntarily submits better quality drawings as set forth in MPEP § 1121.

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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.

Source: USPTO

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Exploded View

The Exploded View shows the components of an object disassembled and slightly separated by distance to show hidden features of the object. The exploded view can be orthogonal or perspective. However, the projection of an exploded view is normally shown from above and slightly in diagonal from the left or right side of the drawing. It is slightly from above and shown from the left side of the drawing in diagonal.

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Germany Patent Drawing Rules

Germany Patent Drawing Rules – Standards for the filing of drawings

  1. The Germany Patent Drawing Rules shall be on sheets with the following minimum margins:
    top 2.5 cm
    left side 2.5 cm
    right side 1.5 cm
    bottom 1.0 cmThe area used for drawings may not exceed 26.2 cm x 17 cm; the area used for the drawing of the abstract may be 8.1 cm x 9.4 cm when presented in an upright position, or 17.4 cm x 4.5 cm when presented sideways <Germany Patent Drawing Rules>
  2. Drawings shall be executed with sufficient contrast in durable, black, sufficiently dense and dark, uniformly thick and clearly delineated lines and strokes without colorings. <Germany Patent Drawing Rules>
  3. For illustrating the invention, in addition to views and sectional views, perspectives and exploded views may be used. Cross-sections shall be indicated by hatching which should not impede the clear reading of the reference signs and leading lines. <Germany Patent Drawing Rules>
  4. The scale of the drawings and the distinctness of their graphical execution shall be such that all details can be distinguished without difficulty, after electronic data capture (scanning), in a linear reduction in size to two-thirds. If, as an exception, the scale is given on a drawing, it shall be represented graphically.
  5. The lines in the drawings shall be drawn with the aid of drafting instruments rather than freehand. The numbers and letters used in the drawings shall not be less than 0.32 cm of height. For the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used. <Germany Patent Drawing Rules>
  6. The same sheet of drawings may contain several figures. The different figures shall be arranged without wasting space while remaining clearly separated from one another, preferably in an upright position, and shall be numbered consecutively in Arabic numerals. Drawings concerning the state of the art are admissible if the understanding of the invention is thereby facilitated; however, they shall be clearly marked as “Stand der Technik” (state of the art). Where figures on two or more sheets form in effect a single complete figure, the figures on the several sheets shall be so arranged that the complete figure can be assembled without concealing any part of the partial figures. All elements of a figure shall be on the same scale, except where the use of different scales is indispensable for the clarity of the figure.
  7. Reference signs not mentioned in the description and claims shall not appear in the drawings, and vice versa. The same shall apply mutatis mutandis to the abstract and its drawing.
  8. The drawings shall not contain text matter, except, when absolutely indispensable, a single word or words such as “water”, “steam”, “open”, “closed”, “section on AB”, and, in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords indispensable for understanding. Germany Patent Drawing Rules.
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Patent Drawing Symbols for Draftsmen

Copyright: USPTO – Patent Drawing Symbols

Graphical symbols for conventional elements may be used on the drawing when appropriate, subject to approval by the Office.

NOTES: In general, in lieu of a symbol, a conventional element, combination, or circuit may be shown by an appropriately labeled rectangle, square, or circle; abbreviations should not be used unless their meaning is evident and not confusing with the abbreviations used in the suggested symbols.

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Different Patent Drawing Views

Different Patent Drawing Views

An object can be viewed from a large number of view angles – for example, from the front, top back or side, etc. A single figure or drawing can show an object only from one view angle and thus all-important figures can not be shown in one figure. Many parts of the object can be hidden in a single view. Therefore, when we aim to clearly explain the inventive steps using drawing while preparing patent applications we should draw all possible drawing views so that we cover all aspects of the invention.

For ready references, conventional names of view angles are used. Common Drawing views are listed below:

  • Orthogonal Views
  • Perspective Views
  • Isometric View
  • Exploded View
  • Sectional View
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Articles IP Docketing General

How much IP Docketing Services cost?

IP Docketing Services are required when you are super busy with your day to day business activities. I am an attorney myself, and I understand attorneys keep themselves extremely occupied. At times, the attorneys keep admin staff to help them, however, the IP docketing and paralegal work become too much quite often. Therefore, it is required to utilize outsourced IP Docketing Services.

It’s a headache to contact a number of service providers and zero down their strategy to understand how do they charge.

Typically, the price for a 2000 matters portfolio management costs in the range of 3000 – 6000 US dollars per month. The pricing pretty much depends upon the pricing model we use. If you have a small portfolio of around 200 patents and trademarks, these docketing services might cost you around 500 to 800 US dollars per month.

Pricing Models for IP Docketing Services

Service providers keep a standard pricing model for its clients. So that it is easy for them to cater to the inquiries. There are multiple methods of pricing IP docketing services. Let’s look at all of them one by one:

Matters Based Model

In matter based pricing model, the docketing service provider counts the number of matters available in the docketing software. They keep a fixed multiplier for domestic matters and a different multiplier for foreign matters. For domestic matters generally, the pricing is 2 USD to 4 USD per matter. And for foreign matters, the cost is generally, 3 USD to 6 USD depending upon the negotiation. Further, at times, the service providers charge a flat rate for both domestic and foreign matters. The flat pricing typically range in 3 to 5 US dollars per matter.

Now, when there are 2000 matters in the system and if we chose the lowest flat price here, the cost becomes USD 6000.

The cost of docketing services increases when we enter a new matter in the docketing system. Generally, docketing service providers count matters every month. Also, the billing contains only active matters in the system. There are fewer emails associated with inactive matters, and hence they are not billed.

Email Correspondences Based Model

Another popular model of docketing services is counting the email correspondences model. In correspondences based models, the service providers count the received emails on a daily basis. These email correspondences include emails from the patent offices, foreign agents, internal attorneys, external counsels, unsolicited emails and other emails.

The service providers categorize correspondence in to docketable and non docketable emails. They bill for docketable matters only.

The pricing for docketable matters typically ranges from 10 USD to 15 USD. Here again, at times the docketing services provider counts the domestic and foreign matters.

For 2000 matters, typically, we receive around 20 correspondences every day. The monthly load becomes around 400 correspondences. If we consider the average pricing of domestic and foreign matters, the monthly for docketing services become USD 5000. Of course, the pricing will depend upon the negotiation and the monthly correspondences.

Also, sometimes, there is a charge for non-docketable emails as well. There is genuine reason for it. The IP docketers invest time into analyzing these correspondences. At times the non docketable correspondences are charged at 1-3 USD per correspondence.

Personally, I don’t like this pricing model. There are few reasons for it.

  • For docketing email in the back of my mind, it goes that the pricing is increasing,
  • I feel like why am I paying for non-docketable matters? Also, equally important is why I am not paying for the efforts of the docketing person?
  • Many times, this creates distrust because you can’t count the correspondences every month.

Full Time Equivalent (FTE) Based Model

In FTE based model, we decide a fixed monthly at the beginning. The IP Docketing Service Provider analyzes the docketing services requirements depending on the number of matters, number of daily correspondences, number of expected daily hours, and experience of docketing time investment by the client.

FTE Models, keep one or two-level docketing. In one level docketing, only the single person performs the docketing. The quality check is performed by a single person only. In two-level docketing, a QC manager works with a docketing team member. Once, the docketing and first quality check are complete by the docketing team member, the QC manager performs the second quality check. It makes docketing a Four-Eye quality check process.

Both the docketing member and the QC manager are charged differently. The charge rate of docketing team members ranges in 23 USD per hour to 35 USD per hour depending upon the location of the team. Further, the charge rate for the QC manager varies from USD 28 to USD 45 per hour.

Let’s take the example of 2000 matters again. Let’s assume you negotiate half FTE and 1 daily hour of QC manager on a monthly basis. 1/2 FTE charges at USD 23 per hour becomes 2024 USD per month. QC Manager charges at USD 28 per hour becomes 616. The total monthly billing becomes 2640 USD per month.

How to calculate FTE requirements?

First and foremost, check how much time you or your admin member is investing in docketing. If you are investing around 3-4 hours in docketing daily, go for half FTE i.e. 4 hours daily. Remember, the FTE might take little extra time than yours considering he/she needs to reverify the docketing again. The QC manager time is generally the 25% of the FTE time. In this case, the QC manager you hire will invest 1 hour on a daily basis.

Another method of calculating the FTE requirements is counting the number of daily email correspondences. If you are receiving around 40-50 daily correspondences, you’ll need one complete FTE i.e., 8 hours daily and corresponding 2 hours of the QC Manager daily.

What is common in all pricing models?

The common thing in all the pricing models is that every model charges a monthly fee. You’ll have to be ready to invest a monthly amount in maintaining the docketing work.

Which model is best?

Out of three models, I believe FTE model is best. There are several benefits of this model.

  1. You won’t have to count the matters every now and then as it is required in the matters counting model.
  2. You won’t have to worry about the number of daily email correspondences, non-docketable matters dilemma, and distrust issue.
  3. You’ll focus on the business process and the team will work with you as your extended team without much vendor payment discussions. The vendors usually don’t come for minor surges in the work however if the surge becomes regular they might come back and request you for the increase in the fee.
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Pricing for Auditing

Pricing for auditing the system is generally charged separately irrespective of the pricing model you use. You can negotiate a quarterly auditing in whatever pricing model is available.

What Model Menteso IP follows for its IP Docketing Services?

Menteso IP recommends and uses FTE based model. We believe in working closely with clients. We successfully applied this FTE model with many of our clients. If you wish to talk to our clients before proceeding with us. Please contact us.

Written By: Azam Ghani, LL.M., Intellectual Property Laws, University of California, Berkeley