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[Stephanie]

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?

[Bill Richards]

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.

[kchuah]

USPTO has rules about patent drawing.
So, hire a drafter to assist you.
cost about  $70 (and above) per drawing.

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