Intellectual Property Forums (

(Message started by: Stephanie on Jan 19th, 2007, 4:57pm)

Title: Prototype
Post by Stephanie on Jan 19th, 2007, 4:57pm
We have an invention for which we have designed and built the prototype also.  Can we use actual photos of the prototype rather than techical drawings or sketches in our patent application?

Title: Re: Prototype
Post by Bill Richards on Jan 21st, 2007, 8:14am
Yes, no, and I wouldn't recommend it.
They're OK in a Provisional Patent Application. In a regular (non-provisional) they may not be if they could be shown as B&W drawings.
Even so, doing so has its drawbacks. If they're needed for support for the claims and they're not sufficient, the filing date of those claims may be lost. I once took over a case where a PPA was filed with photographs. The problem was the lighting on the prototype was so poor, the patentable feature of the invention could not be seen and a bar date intervened.

Title: Re: Prototype
Post by kchuah on Jan 22nd, 2007, 8:28am
USPTO has rules about patent drawing.
So, hire a drafter to assist you.
cost about  $70 (and above) per drawing.

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