GUIDE for the PREPARATION of PATENT DRAWINGS U.S. DEPARTMENT OF COMMERCE PATENT AND TRADEMARK OFFICE OCTOBER 1993 PREFACE This "Guide for the Preparation of Patent Drawings" is a replacement of the previous publication, "Guide for Patent Draftsmen", which is now permanently out of print. Since the "Guide for Patent Draftsman" served many users other than patent draftspersons, the Office chose the broader title to embrace the varied audiences. Drawings acceptable for patent applications filed in countries other than the United States are not always acceptable when filed in a patent application here in the United States. Therefore, the drawing requirements have been amended to enable the Office, when appropriate, to accept drawings that are capable of clear reproduction for the printing of any resulting patent. The Office has attempted to provide, to the extent possible, a guide that encompasses the objective of worldwide harmonization. Thus standards from International Offices have been studied in-depth and incorporated, where possible, to achievethis objective. This Guide includes selected published rules which pertain to patent drawings, including the revision of 37 CFR 1.84 as published in the Patent "Official Gazette" (1153 Off. Gaz. Pat. Office 33), on August 10, 1993. The Office wishes to express appreciation to those individuals and organizations who have contributed to making the publication of this Guide a reality. Our appreciation extends to those indirectly contributing because of our use of drawing examples obtained for the most part from their issued patents, some of which have been altered to better illustrate the point being made. SELECTED RULES OF PRACTICE RELATING TO PATENT DRAWINGS 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 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 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. 37 CFR 1.71. Detailed description and specification of the invention. * * * * * (d) A copyright or mask work notice may be placed in a design or utility patent application adjacent to copyright and mask work material contained therein. The notice may appear at any appropriate portion of the patent application disclosure. For notices in drawings, see section 1.84(s). The content of the notice must be limited to only those elements provided for by law. For example, "(c) 1983 John Doe" (17 U.S.C. 401) and "*M* John Doe" (17 U.S.C. 909) would be properly limited and, under current statutes, legally sufficient notices of copyright and mask work, respectively. Inclusion of a copyright or mask work notice will be permitted only if the authorization language set forth in paragraph (e) of this section is included at the beginning (preferably as the first paragraph) of the specification. * * * * * 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. 37 CFR 1.83. Content of drawing. (a) The drawing must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g. a labeled rectangular box). (b) When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the inventinn therewith. (c) Where the drawings do not comply with the requirements of paragraphs (a) and (b) of this section, the examiner shall require such additional illustration within a time period of not less than two months from the date of the sending of a notice thereof. Such corrections are subject to the requirements of section 1.81(d). 37 CFR 1.84. Standards for drawings. (a) DRAWINGS. There are two acceptable categories for presenting drawings in utility patent applications: (1) BLACK INK. Black and white drawings are normally required. India ink, or its equivalent that secures black solid lines, must be used for drawings, or (2) COLOR. On rare occasion, color drawings may be necessary as the only practical medium by which to disclose the subject matter sought to be patented in a utility patent application or the subject matter of a statutory invention registration. The Patent and Trademark Office will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following: (i) The appropriate fee set forth in section 1.17(h); (ii) Three (3) sets of color drawings; and (iii) The specification must contain the following language as the first paragragh in that portion of the specification relating to tl1e brief description of the drawing: "The file of this pntent contains at least one drawing executed in color. Copies of this patent with color drawing(s) will be provided by the Patent and Trademark Office upon request and payment of the necessary fee. If the language is not in the specification, a proposed amendment to insert the language must accompany the petition. [ Properly executed drawings are of the utmost importance in a patent application; therefore, it is critical that the drawings be executed in an accurate manner that graphically communicates the invention of the applicant(s). The quality of a patent drawing must meet high standards in order to clearly reproduce on the printed patent, which is an essential tool used as prior art by the Examiner in determining patentability of pending patent applications. In order to facilitate the understanding of the full scope of the patent invention, the drawing also serves the patent practitioners as a necessary tool in graphically comprehending the claims in the patent. Drawings may be freehand work, per se, provided they meet the same standards as drawings prepared with the aid of drafting instruments. The Office will accept computer-generated drawings provided that the drawings are substantially equivalent in quality to ink drawings having black solid lines. In computer-generated drawings, lines must be so distanced as to prevent lines touching and thereby resulting in a single heavy line. Jagged and wavy lines, characteristic in some computer-generated drawing systems, must be kept to an absolute minimum to retain the intent of 35 U.S.C. 112. For color drawings, a petition is required because the special handling necessary is time consuming and the Office cannot permit such a special procedure unless the circumstances are exceptional. Color drawings are not acceptable until petition is granted. Utility patents are not printed in color; therefore, three sets of color drawings are necessary for proper distribution within the Office. One set will be attached to the Letters Patent for routing to the applicant. The remaining two sets will be routed to (1) the patent file and (2) the Office of Publication and Dissemination, Patent and Trademark Copy Sales, for copying purposes. Computer-generated color drawings require use of the same standards as applied to black ink drawings. Appendix 4 of this Guide contains both proper and improper examples of drawings. ] (b) PHOTOGRAPHS. (1) BLACK AND WHITE. Photographs are not ordinarily permitted in utility and design patent applications. However, the Office will accept photographs in utility and design patent applications only after granting a petition filed under this paragraph whicll requests that photographs be accepted. Any such petition must include tlle following: (i) The appropriate fee set forth in section 1.17(h); and (ii) Three (3) sets of photographs. Photographs must either be developed on double weight photographic paper or be permanently moullted on bristol board. The photographs must be of suffcient quality so that all details in the drawing are reproducible in the printed patent. [ Patent practitioners are cautioned that photographs can no longer be removed from applications pending in the Office. Therefore, practitioners should make sure they retain an original set of photographs. The Office is willing to accept black and white photographs or photomicrographs (not photolithographs or other reproductions of photographs made by using screens) developed on double weight photographic paper in lieu of ink drawings to illustrate inventions which are incapable of being accurately or adequately depicted by ink drawings. However, photographs are not acceptable until a petition is granted. The photographs or photomicrographs must show the invention more clearly than they can be shown by ink drawings and otherwise comply with the rules concerning such drawings. Examples of acceptable categories of photographs are: crystalline structures, metallurgical microstructures, textile fabrics, grain structures, and ornamental effects. ] (2) COLOR. Color photographs will be accepted in utility patent applications if the conditions for accepting color drawings have been satisfied. See paragraph (a)(2) of this section. [ Patent practitioners are cautioned that photographs can no longer be removed from applications pending in the Office. Therefore, practitioners should make sure they retain an original set of photographs. There are instances where photographs are produced through use of equipment such as tunneling electron microscopy (TEM). For example, in areas such as solid state electronics, wherein single atoms or single atomic layers can be the invention, only TEM or comparable equipment images can resolve single atoms or radicals. In such instances, the Office will not necessarily object to the images for not being completely sharp if the content of such TEM's adds to the understanding of the invention and the TEM's can be adequately reproduced in the printed patent. Photographs taken with such specialized equipment must meet the same standards as photographs which do not require such specialized equipment. Images produced through use of specialized equipment may not always appear with secure black solid lines, however, the drawing review will consider such limitations and accept full tone photographs that meet the specified requirements. ] (c) IDENTIFICATION OF DRAWINGS. Identifying indicia, if provided, should include the application number or the title of the invention, inventor's name, docket number (if any), and the name and telephone number of a person to call if the Office is unable to match the drawings to the proper application. This information should be placed on the back of each sheet of drawings a minimum distance of 1.5 cm. (5/8 inch) down from the top of the page. [ While such indicia is not required, the Office does encourage applicants to provide identifying information on the reverse of each sheet of drawings so that the Office can ascertain that drawing sheets are matched with the proper application. This suggestion is based upon the fact that the Office handles approximately one-half million papers yearly, and while very few of these go astray, such indicia significantly aid in the rare event that a drawing does become separated from the application file. Applications will not be objected to by the Office if such identifying information is not present; however, when drawings become separated, delays will result in matching the drawings with the application. When applying identification, care should be exercised so that there is no bleed through onto the drawing. ] (d) GRAPHIC FORMS IN DRAWINGS. Chemical or mathematical formulae, tables, and waveforms may be submitted as drawings, and are subject to the same requirements as drawings. Each chemical or mathematical formula must be labeled as a separate figure, using brackets when necessary, to show that information is properly integrated. Each group of waveforms must be presented as a single figure, using a common vertical axis with time extending along the horizontal axis. Each individual waveform discussed in the specification must be identified with a separate letter destination adiacent to the vertical axis. [ Examples are provided in Appendix 4. ] (e) TYPE OF PAPER. Drawings submitted to the Office must be made upon paper which is flexible, strong, white, smooth, non-shiny, and durable. All sheets must be free from cracks, creases, and folds. Only one side of the sheet shall be used for the drawing. Each sheet must be reasonably free from erasures and must be free from alterations, over-writings, and interlineations. Photographs must either be developed on double weight photographic paper or be permanently mounted on bristol board. See paragraph (b) of this section for other requirements for photographs. [ The requirement of the drawing being reasonably free from erasures, alterations, etc., is that upon reproduction in the printing of the patent grant, the drawings can be made to be clear and understandable. In the interest of protecting the drawings, practitioners are encouraged to transmit drawings to the Office sent flat, protected by a sheet of heavy binder's board, or rolled for transmission in a suitable mailing tube, but never folded. If received creased or mutilated, new drawings will be required. An alternative to this suggested transmission is to handcarry the drawings to the Office. ] (f) SIZE OF PAPER. All drawing sheets in an application must be the same size. One of the shorter sides of the sheet is regarded as its top. The size of the sheets on which drawings are made must be: (1) 21.6 cm. by 35.6 cm. (8 1/2 by 14 inches), (2) 21.6 cm. by 33.1 cm. (8 1/2 by 13 inches), (3) 21.6 cm. by 27.9 cm. (8 1/2 by 11 inches), or (4) 21.0 cm. by 29.7 cm. (DIN size A4). (g) MARGINS. The sheets must not contain frames around the sight, i.e., the usable surface. The following margins are required: (1) On 21.6 cm. by 35.6 cm. (8 1/2 by 14 inch) drawing sheets, each sheet must include a top margin of 5.1 cm. (2 inches), and bottom and side margins of .64 cm. (1/4 inch) from the edges, thereby leaving a sight no greater than 20.3 cm. by 29.8 cm. (8 by 11 3/4 inches). (2) On 21.6 cm. by 33.1 cm. (8 1/2 by 13 inch) drawing sheets, each sheet must include a top margin of 2.5 cm. (1 inch) and bottom and side margins of .64 cm. (1/4 inch) from the edges, thereby leaving a sight no greater than 20.3 cm. by 29.8 cm. (8 by 11 3/4 inches). (3) On 21.6 cm. by 27.9 cm. (8 112 by 11 inch) drawing sheets, each sheet must include a top margin of 2.5 cm. (1 inch) and bottom and side margins of .64 cm. (1/4 inch) from the edges, thereby leaving a sight no greater than 20.3 cm. by 24.8 cm. (8 by 9 3/4 inches). (4) On 21.0 cm. by 29.7 cm. (DIN size A4) drawing sheets, each sheet must include a top margin of at least 2.5 cm., a left side margin of 2.5 cm., a right side margin of 1.5 cm., and a bottom margin of 1.0 cm., thereby leaving a sight no greater than 17.0 cm. by 26.2 cm. [ Although the Office accepts four sizes of paper, the sight is the same for two of the paper sizes, i.e., 21.6 cm. by 33.1 cm. (8 1/2 by 13 inches), or 21.6 cm. by 35.6 cm. (8 1/2 by 14 inches). ] (h) VIEWS. The drawing must contain as many views as necessary to show the invention. The views may be plan, elevation, section, or perspective views. Detail views of portions of elements, on a larger scale if necessary, may also be used. All views of the drawing must be grouped together and arranged on the sheet(s) without wasting space, preferably in an upright position, clearly separatecl from one another, and must not be included in the sheets containing the specifications, claims, or abstract. Views must not be connected by projection lines and must not contain center lines. Waveforms of electrical signals may be connected by dashed lines to show the relative timing of the waveforms. (1) EXPLODED VIEWS. Exploded views, with the separated parts embraced by a bracket, to show the relationship or order of assembly of various parts are permissible. When an exploded view is shown in a figure which is on the same sheet as another figure, the exploded view should be placed in brackets. [ Each element on a view must be identified by a reference number, except on design drawings. See Examples in Appendix 4. ] (2) PARTIAL VIEWS. When necessary, a view of a large machine or device in its entirety may be broken into partial views on a single sheet, or extended over several sheets if there is no loss in facility of understanding the view. Partial views drawn on separate sheets must always be capable of being linked edge to edge so that no partial view contains parts of another partial view. A smaller scale view should be included showing the whole formed by the partial views and indicating the positions of the parts shown. When a portion of a view is enlarged for magnification purposes, the view and the enlarged view must each be labeled as separate views. (i) Where views on two or more sheets form, in effect, a single complete view, the views on the several sheets must be so arranged that the complete figure can be assembled without concealing any part of any of the views appearing on the various sheets. (ii) A very long view may be divided into several parts placed one above the other on a single sheet. However, the relationship between the different parts must be clear and unambiguous. (3) SECTIONAL VIEWS. The plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and should have arrows to indicate the direction of sight. Hatching must be used to indicate section portions of an object, and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without diff1culty. Hatching should not impede the clear reading of the reference characters and lead lines. If it is not possible to place reference characters outside the hatched area, the hatching may be broken off wherever reference characters are inserted. Hatching must be at a substantial angle to the surrounding axes or principal lines, preferably 45 degrees. A cross section must be set out and drawn to show all of the materials as they are shown in the view from which the cross section was taken. The parts in cross section must show proper material(s) by hatching with regularly spaced parallel oblique strokes, the space between strokes being chosen on the basis of the total area to be hatched. The various parts of a cross section of the same item should be hatched in the same manner and should accurately and graphically indicate the nature of the material(s) that is illustrated in cross section. The hatching ofjuxtaposed different elements must be angled in a different way. In the case of large areas, hatching may be confined to an edging drawn around the entire inside of the outline of the area to be hatched. Different types of hatching should have different conventional meanings as regards the nature of a material seen in cross section. [ Section lines should be designated by numbers corresponding to the view number and not by letters. Hatching, as set forth herein, and shading, paragraph (m), are not the same. Hatching is the showing of sectioned elements and is a regular array lining which often denotes the material of which a sectioned element is made. Appendix 4 contains examples of several forms of hatching and the materials that these hatchings represent, as well as the use when encountered as exceptions to the rule for regions of ribonucleic acid (RNA) / deoxyribonucleic acid (DNA). ] (4) ALTERNATE POSITION. A moved position may be shown by a broken line superirnposed upon a suitable view if this can be done without crowding; otherwise, a separate view must be used for this purpose. [ See examples in Appendix 4. ] (5) MODIFIED FORMS. Modified forms of construction must be shown in separate views. [ See examples in Appendix 4. ] (i) ARRANGEMENT OF VIEWS. One view must not be placed upon another or within the outline of another. All views on the same sheet should stand in the same direction and, if possible, stand so that they can be read with the sheet held in an upright position. If views wider than the width of the sheet are necessary for the clearest illustration of the invention, the sheet may be turned on its side so that the top of the sheet, with the appropriate top margin to be used as the heading space, is on the right-hand side. Words must appear in a horizontal, left-to-nght fashion when the page is either upright or turned so that the top becomes the right side, except for graphs utilizing standard scientific convention to denote the axis of abscissas (of X) and the axis of ordinates (of Y). [ One view is not to be superimposed within the outline of another. Words must appear in a horizontal, left-to-right fashion when the page is either upright or turned so that the top becomes the right side. This expands the possibilities for presenting graphs to conforrn to standard scientific conventions, while using a forrnat which is compatible with automated patent searching displays, such that drawings can be viewed on a monitor so that words/numbers appear either in the upright position or when rotated 90 degrees to the right. Examples are provided in Appendix 4. ] (j) VIEW FOR OFFICIAL GAZETTE. One of the views should be suitable for publication in the Official Gazette as the illustration of the mventlon. [ Applicant's are encouraged to provide and suggest a view for the Official Gazette which clearly represents the scope of the invention. The selected view should be at a scale that will clearly illustrate details after being subjected to as much as a two-thirds reduction. ] (k) SCALE. (1) The scale to which a drawing is made must be large enough to show the mechanism without crowding when the drawing is reduced in size to two-thirds in reproduction. Views of portions of the mechanism on a larger scale should be used when necessary to show details clearly. Two or more sheets may be used if one does not give sufficient room. The number of sheets should be kept to a minimum. (2) When approved by the examiner, the scale of the drawing may be graphically represented. Indications such as "actual size" or "scale 1/2" on the drawings, are not permitted, since these lose their meaning with reproduction in a different format. (3) Elements of the same view must be in proportion to each other, unless a difference in proportion is indispensable for the clarity of the view. Instead of showing elements in different proportion, a supplementary view may be added giving a larger-scale illustration of the element of the initial view. The enlarged element shown in the second view should be surrounded by a finely drawn or "dot-dash" circle in the first view indicating its location without obscuring the view. [ See examples in Appendix 4. ] (l) CHARACTER OF LINES, NUMBERS, AND LETTERS. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defmed. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning. [ To further illustrate the character of lines, visualize the use of: - A continuous thick line for edging and outlining views and cross sections. - A continuous thin line for leading lines, hatching, outlining parts of adjoining elements, fictitious lines of intersection of surfaces connected by curved or rounded edges. - A continuous thin line drawn freehand for delimiting views, part sections or interrupted views. - A thin broken line made up of short dashes for hidden edges and contours. - A dot-dash thin line for axes and planes of symmetry, extreme positions of movable elements, in front of a cross section. - A thin line terminating in one heavy line for outlines of cross sections. Examples are provided in Appendix 4. Refer to Appendix 5 for the simulation of lines. ] (m) SHADING. The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45 degrees. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color. [ To eliminate the possibility of any confusion regarding the difference between shading and hatching, keep in mind that hatching is applied to sectioned portions of an object, while shading is used to indicate the surface of an element. See examples in Appendix 4. ] (n) SYMBOLS. Graphical drawing symbols may be used for conventional elements when appropriate. The elements for which such symbols and labeled representations are used must be adequately identified in the specification. Known devices should be illustrated by symbols which have a universally recognized conventional meaning and are generally accepted in the art. Other symbols which are not universally recognized may be used, subject to approval by the Office, if they are not likely to be confused with existing conventional symbols, and if they are readily identifiable. [ To aid practitioners, commonly-used graphical symbols are set forth in Appendix 3. The entire list of such symbols is too extensive to include in this publication. Refer to the American National Standards Institute, 1430 Broadway, New York, NY 10018, for further information. Since such symbols are subject to updating and change, the patent specification still needs to include a complete description of the subject matter disclosed. Some examples of drawings with symbols are provided in Appendix 4. ] (o) LEGENDS. Suitable descriptive legends may be used, or may be required by the Examiner, where necessary for understanding of the drawing, subject to approval by the Off1ce. They should contain as few words as possible. [ Drawings must not contain text matter, except a single word or words when absolutely indispensable such as "water," "steam," "open," "closed," "section on AB," and in the case of electric circuits and block scllematics or flow sheet diagrams, a few short catch words indispensable for understanding. Any words used shall be so placed that if translated, they may be pasted over without interfering with any lines of the drawings. Words should not be used to describe the figure itself, such as "this is a bar graph." All text legends must be approved by the Office. The elements for which such labeled representations are used must be adequately identified in the specification. Drawings must not contain the following: - Expressions or drawings contrary to morality. - Expressions or drawings contrary to public order. - Trademarks and service marks unless the applicant is shown to have a proprietary interest in the mark. - Any statement or other matter obviously irrelevant or unnecessary under the circumstances. See examples in Appendix 4. ] (p) NUMBERS, LETTERS, AND REFERENCE CHARACTERS. (1) Reference characters (numerals are preferred), sheet numbers, and view numbers must be plain and legible, and must not be used in association with brackets or inverted commas, or enclosed within outlines, e.g., encircled. They must be oriented in the same direction as the view so as to avoid havillg to rotate the sheet. Reference characters should be arranged to follow the profile of the object depicted. (2) The English alphabet must be used for letters, except where another alphabet is customarily used, such as the Greek alphabet to indicate angles, wavelengths, and mathematical formulas. (3) Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height. They should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct. (4) The same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must never be used to designate different parts. (5) Reference characters not mentioned in the description shall not appear in the drawings. Reference characters mentioned in the description must appear in the drawings. [ While the rules do not specifically prohibit such practice, the use of primed reference characters should be kept to the very minimum. Single primed characters for designating the same element in different embodiments, if used sparingly, can aid in easily understanding the invention and its different embodiments, but the overuse of primed numbers tends to obfuscate the drawings and should be avoided. The same holds true for subscript and superscript numbers. While the rules do not specifically prohibit (other than to put a lower limit, 1/8 inch, on the size of reference characters), the use of subscripts and superscripts, tends to obfuscate the drawing and should be avoided. See examples in Appendix 4. ] (q) LEAD LINES. Lead lines are those lines between the reference characters and the details referred to. Such lines may be straight or curved and should be as short as possible. They must originate in the immediate proximity of the reference character and extend to the feature indicated. Lead lines must not cross each other. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. Lead lines must be executed in the same way as lines in the drawing. See paragraph (l) of this section. [ Examples are provided in Appendix 4. Note that in one of the examples, the lead lines were purposely left long so that the reference characters are all columnized. While an objection will not be entered for such, shorter lead lines are preferred because extended lead lines could tend to confuse the drawing. ] (r) ARROWS. Arrows may be used at the ends of lines, provided that their meaning is clear, as follows: (1) On a lead line, a freestanding arrow to indicate the entire section towards which it points; (2) On a lead line, an arrow touching a line to indicate the surface shown by the line looking along the direction of the arrow; or (3) To show the direction of movement. [ Examples are provided in Appendix 4. ] (s) COPYRIGHT OR MASK WORK NOTICE. A copyright or mask work notice may appear in the drawing, but must be placed within the sight of the drawing immediately below the figure representing the copyright or mask work material and be limited to letters having a print size of .32 cm. to .64 cm. (1/8 to 1/4 inches) high. The content of the notice must be limited to only those elements provided for by law. For example, "(c) 1983 John Doe" (17 U.S.C. 401) and "*M* John Doe" (17 U.S.C. 909) would be properly limited and, under current statutes, legally sufficient notices of copyright and mask work, respectively. Inclusion of a copyright or mask work notice will be permitted only if the authorization language set forth in section 1.71(e) is included at the beginning (preferably as the first paragraph) of the specification. [ Examples are provided in Appendix 4. ] (t) NUMBERING OF SHEETS OF DRAWINGS. The sheets of drawings should be numbered in consecutive Arabic numerals, starting with 1, within the sight as defined in paragraph (g) of this section. These numbers, if present, must be placed in the middle of the top of the sheet, but not in the margin. The numbers can be placed on the right-llalld side if the drawing extends too close to the middle of the top edge of the usable surface. The drawing sheet numbering must be clear and larger than the numbers used as reference characters to avoid confusion. The number of each sheet should be shown by two Arabic numerals placed on eitller side of an oblique line, with the first being the sheet number, and the second being the total number of sheets of drawings, with no other marking. [ For example, the numbering at the top of the sheet would indicate that sheet to be the second sheet of a total of six sheets. If the arrangement of the view is rotated as set forth in section (i), the sheet number must remain as set forth in this section (t). ] (u) NUMBERING OF VIEWS. (1) The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. View numbers must be preceded by the abbreviation "FIG." Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation "FIG." must not appear. (2) Numbers and letters identifying tlle views must be simple and clear and must not be used in association with brackets, circles, or inverted commas. The view numbers must be larger than the numbers used for reference characters. [ Each sectional view must be capable of being quickly identified, especially where several cross sections are made on the same view, by marking each end of the cross section line on the diagram with a single Arabic numeral. This number must be the same as the Arabic numeral identifying the view in the application where the section is illustrated. Examples are provided in Appendix 4. ] (v) SECURITY MARKINGS. Authorized security markings may be placed on the drawings provided they are outside the sight, preferably centered in the top margin. [ Security markings are primarily the responsibility of the Office; however, the applicant might identify the drawings with the security designations such as NATO, TS, S, or C. Examples of placement are provided in Appendix 4. ] (w) CORRECTIONS. Any corrections on drawings submitted to the Office must be durable and permanent. [ Special products for corrections, such as white masking fluid, may be used provided they are indelible and comply with all other requirements. ] (x) HOLES. The drawing sheets may be provided with two holes in the top margin. The holes should be equally spaced from the respective side edges, and their center lines should be spaced 7.0 cm. (2 3/4 inches) apart. (See section 1.152 for design drawings, section 1.165 for plant drawings, and section 1.174 for reissue drawings.) 37 CFR 1.85. Corrections to drawings. (a) The requirements of section 1.84 relating to drawings will be strictly enforced. A drawing not executed in conformity thereto, if suitable for reproduction, may be admitted for examination lbut in such case a new drawing must be furnished. (b) The Patent and Trademark Office will not release drawings in applications having a filing date after January 1,1989, or any drawings from any applications after January 1, 1991, for purposes of correction. If corrections are necessary, new corrected drawings must be submitted within the time set by the Office. (c) When corrected drawings are required to be submitted at the time of allowance, the applicant is required to submit acceptable drawings within three months from the mailing of the "Notice of Allowability." Within that three-month period, two weeks should be allowed for review of the drawings by the Drafting Branch. If the Office finds that correction is necessary, the applicant must submit a new corrected drawing to the Office within the original three-month period to avoid the necessity of obtaining an extension of time and paying the extension fee. Therefore, the applicant should file corrected drawings as soon as possible following the receipt of the Notice of Allowability. The provisions with respect to obtaining an extension of time relates only to the late filing of corrected drawings. The time limit for payment of the issue fee is a fixed three-month period which cannot be extended as set forth in 35 U.S.C. 151. 37 CFR 1.123 Amendments to the drawing. No change in the drawing may be made except with pelmission of the Office. Permissible changes in the construction shown in any drawing may be made only by the submission of a substitute drawing by applicant. A sketch in permanent ink showing proposed changes, to become part of the record, must be filed for approval by the examiner and should be a separate paper. 37 CFR 1.151 Rules applicable. The rules relating to applications for patents for other inventions or discoveries are also applicable to applications for patents for designs except as otherwise provided. [ This rule is included to show that unless a requirement is specifically mentioned in either this section or in 37 CFR 1.152, the provisions of 37 CFR 1.84 are controlling for the content and quality of drawings for design patent applications. Note that 37 CFR 1.151 specifies that drawings for Design applications must meet all the requirements for utility patents unless 37 CFR 1.152 specifically states otherwise. ] 37 CFR 1.152 Design drawlng. The design must be represented by a drawing that complies with the requirements of section 1.84 and must contain a suff1cient number of views to constitute a complete disclosure of the appearance of the article. Appropriate surface shading must be used to show the character or contour of the surfaces represented. Solid black surface shading is not permitted except when used to represent color contrast. Broken lines may be used to show visible environmental structure, lbut may not be used to show hidden planes and surfaces which cannot be seen through opaque materials. Alternate positions of a design component, illustrated by full and broken lines in the same view are not permitted in a design drawing. Photographs and ink drawings must not be combined in one application. Photographs submitted in lieu of ink drawings in design patent applications must comply with section 1.84(b) and must not disclose environmental structure but must be limited to the design for the article claimed. Color drawings and color photographs are not permitted in design patent applications. [ Since there is no detailed specification supporting the disclosure in a design application, it is essential that the drawing be so clear and complete that no portion of the design is left to conjecture. This may require a number of views to constitute a complete disclosure of the appearance of the article. These views must show the claimed design in solid lines, and these views must be consistent in all details of the design, appropriately shaded to show clearly the character and/or contour of the surfaces represented. Shading is of particular importance in the showing of three-dimensional articles, where it is necessary to delineate plane, concave, convex, raised and/or depressed surfaces of the article, and to distinguish open and solid surfaces. Transparent and translucent surfaces should be indicated by oblique line shading, as shown in Appendix 4. Broken lines may not be used to show movement or alternate positions in a design drawing, or to show hidden structure through opaque surfaces. Broken lines may be included to show environmental structure. Only the claimed design may be shown in solid lines in the drawing, unclaimed subject matter may only appear in broken lines. Legends and reference characters identifying portions of the design may not be used in a design drawing. Alternate positions are not perrnitted in design drawings. Broken lines may not be used to indicate unimportant or immaterial features of the design. There are no features of a claimed design which are unimportant or immaterial. (This issue was determined by court decisions: In re Blum, 153 USPQ 177 (CCPA 1967); In re Zahn 204 USPQ 988 (CCPA 1980).) Color drawings are not perrnitted for any reason in design patent applications. However, color may be illustrated in design patent drawings by means of shading utilizing specific drafting symbol patterns, as set forth in Appendix 3. When such shading patterns are used in design patent drawings, special descriptions are required in the specification. Examples of design patent drawings with such shading and associated descriptions are also depicted in Appendix 4. Caution is advised when submitting photographs in design applications since reproductions of photographic drawings tend to result in vague and indefinite disclosures. ] 37 CFR 1.161 Rules applicable. The rules relating to applications for patent for other inventions or discoveries are also applicable to applications for patents for plants except as otherwise provided. [ This rule is included to show that unless a requirement is specifically mentioned in either this section or 37 CFR 1.165, the provisions of 37 CFR 1.84 are controlling for the content and quality of drawings for plant patent applications. Note that 37 CFR 1.161 specifies that drawings for plant applications must meet all the requirements for utility applications unless 37 CFR 1.165 specifies otherwise. ] 37 CFR 1.165 Plant drawings. (a) Plant patent drawings should be artistically and competently executed and must comply with the requirements of section 1.84. View numbers and reference characters need not be employed unless required by the examiner. The drawing must disclose all the distinctive characteristics of the plant capable of visual representation. (b) The drawing may be in color and when color is a distinguishing characteristic of the new variety, the drawing must be in color. Two copies of color drawings or color photographs must be submitted. [ The terms drawing and photograph are used interchangably herein as they are both acceptable means of illustration under 37 CFR 1.165 for plant patent applications filed under 35 U.S.C. 161. There are no restrictions in combining both ink drawings and photographs or any combination thereof in an application, except for size of paper. Color drawings may be made either in permanent water color or oil, or in lieu thereof may be photographs made by color photography or properly colored on sensitized paper. Plant patent drawings must show the most distinguishing characteristics of the plant. Color drawings must reasonably closely correspond to the color values set forth in the specihcation and must accurately depict the true coloration of the plant parts so illustrated. Care should be taken to assure that the subject is well centered and clearly in focus. Leaves, stems, flowers, whole and cut fruit (or nuts) may appropriately be shown in various combinations in a single drawing. Distinguishing characteristics occurring at different seasons should be illustrated, and may be depicted in different sheets or figures. Flower and seed parts not particularly distinguishing may still be included (if convenient) for the sake of completeness. Photographic drawings should not be retouched or amended/altered by the addition of color, as such drawings cannot be faithfully reproduced by the printer. Drawings should avoid the inclusion of superfluous information or material(s) such as tags or stickers (unwarranted and improper advertising) which add little if anything in the way of further definition to the plant. However, scale definition means such as rulers, etc., in intimate proximity to the plant are acceptable. Drawings should be of such scale and clarity that necessary detail can still be discerned even with a fifty percent reduction in scale as may happen upon printing of same should the application mature into a Plant Patent. Drawings should not be limited to a single plant part, i.e. the fruit, nut, flower, or leaf as applicable, but should also depict the entire plant, even if the single plant part may be the entirety of what is viewed by applicant as being novel. Where flowers, foliage, fruit, etc., of the claimed plant are not depicted in suffhcient scale in a whole plant drawing or view, this view should be supplemented with a close-up view of specific parts. Typical of what is sought and may be necessary on a case-by-case basis in this supplemental view would be: - Ornamental flowering plant. Views at bud, early bloom, and late bloom stage showing bloom shape and character. Flower parts may be shown separated from whole flowers, i.e., to depict color differences between top and bottom surfaces of petals or leaves, differences in coloration of petals from basal to terminal portions, and color and shape differences between petals from different locations of the flower and different ages. Foliage and stems (bark) may also be so depicted. Where there is characteristic variation in leaf shape, each characteristic shape should be depicted. For perennial, deciduous plants, the drawing should include a showing of the plant in a dormant state to illustrate details of bark and branching. - Fruit or nut bearing plant. Views depicted at different attitudes, with fruit (or nut) split in different directions to show details and coloration of seeds, stone, stone well, core, flesh coloration, skin ground coloration, blush and pubescence (as applicable). Bloom may also be shown along with foliage. Fingerprint information may also be presented as a figure of the drawing and should include identifying information. Such drawings should be given view numbers, as appropriate. These illustrations may be mechanical in nature, or in the case of isozyme banding, be presented as a black-and-white photograph, even if other drawing hgures are in color. Where the pedigree of the plant is disclosed in the form of a detailed flow chart, this must be made a drawing view and not appear in the specification, as per 37 CFR 1.58(a), the printer will not print same in the body of the specification proper. Where a claimed plant is a sport of a known variety, every effort should be made to photograph the sported plant in a side-by-side relationship with the parental variety and such parental variety should clearly be identihed as "Prior Art." This applies to plant parts, such as color sports of flowering plants (i.e., roses or chrysanthemums) or fruit (i.e., apples or nectarines). NOTE 1: Duplicate formal drawings should be filed concurrently with the application papers. Examination of drawings for content, detail, scale, and color fidelity is critical to the effective examination of a 35 U.S.C. 161 plant patent application. Filing of informal or single copies of said drawings will result in delay of prosecution of the application (for example, applications otherwise in condition for allowance will not normally be forwarded to the Publishing Division, Office of Publication and Dissemination, prior to receipt and evaluation of formal drawings). The drawing(s) may be in color and when color is a distinguishing characteristic of the new variety, the drawing(s) must be in color (37 CFR 1.165(b)). NOTE 2: The number of drawing views (and sheets) in plant patent applications should be limited to the minimum number necessary to adequately depict the distinctive botanical characteristics of the claimed plant which are capable of being visually represented (37 CFR 1.165(a)). The views may be given view numbers as appropriate, so long as any view numbers set forth in the drawings find corresponding reference in the written specification. 37 CFR 1.171 Application for reissue. An application for reissue must contain the same parts required for an application for an original patent, complying with all the rules relating thereto except as otherwise provided, and in addition, must comply with the requirements of the rules relating to reissue applications. The application must be accompanied by a certified copy of an abstract of title or an order for a title report accompanied by the fee set forth in Section 1.19(b)(4), to be placed in the file, and by an offer to surrender the original patent (Section 1.178). 37 CFR 1.174. Drawings. (a) The drawings upon which the original patent was issued may be used in reissue applications if no changes whatsoever are to be made in the drawings. In such cases, when the reissue application is filed, the applicant must submit a temporary drawing which may consist of a copy of the printed drawings of the patent or a photoprint of the original drawings of the size required for original drawing. (b) Amendments which can be made in a reissue drawing that is, changes from the drawing of the patent, are restricted. [ An original drawing can be used as a reissue drawing; however, even a slight modification would require a new complete drawing. ]