You have an invention and now you want a patent. Whether you’re working with an IP attorney, or filing on your own, drawings are a significant and frequently neglected piece of the puzzle. Here are some pointers on what to consider.

I’ve got the picture!

It’s your invention. You know it best, so why in the world do you need to pay for someone else to draw what you already know? For starters, there are rules! While the USPTO has relaxed its acceptance standards, there are still rejections. People are constantly asking us to ‘revise’ their submitted drawings because an examiner rejected their original illustrations. This is a difficult task which 9 times out of 10 results in a regeneration of each illustration from scratch. Obviously this is a waste of time and money. If you want to be sure you don’t get a drawing rejection a patent illustrator is your best bet BEFORE submission.

Picture this:

If you were to see an examiner’s desk you would be SHOCKED! It’s not unusual for offices to have piles of pending patents that extend from floor to ceiling. With this much of a backlog, examiners must find ways to move quickly through applications. Thinking back to your school days, the reports that fell under the teacher’s radar were not those that were neat, typed, and organized in a binder. It was the handwritten and terribly crinkled versions that received scrutiny. So, help the examiners out! Provide them with neat, computer generated illustrations, that they can visually scan in a second. It will make their jobs easier, and most likely avoid a rejection.

A picture is worth...

Good illustrators are worth their weight in gold! Using advanced software and hardware, an illustrator can create a drawing quickly, and more cheaply than the average Joe Inventor. Illustrators are also better able to keep up with changes in the USPTO, and can create drawings that can be used in foreign filing and marketing venues as well. Perhaps most importantly, Illustrators also add a fresh view to your invention. After all, they must start from scratch at understanding your creation. Many times they spot inconsistencies that even the lawyers may miss. It is rare that a specification leaves our office without being littered with “stickies.”

Paint a picture.

So how can you determine if a patent illustrator is any good? Usually lawyers have illustrators that they know and trust. If not, here are some points for you to consider.

1. The first step is to be sure the illustrations will be drawn electronically. This is critical not only for precision, but for further applications as well. Get a copy of the file from the illustrator in known formats such as bitmap and .Tiff. With them, you can file with the USPTO electronically as well as use the drawings for brochures, advertising, and even fabrication.

2. Be sure the illustrator is using a well known drawing package like CAD or Solid Works. These packages will provide better transfer for all your illustration’s uses. Also make sure their version is up to date: at least no more than 4 years old.

3. Stick with an illustrator that does only patent work. Every person that uses CAD does not know the ins and outs of USPTO rules. Mechanical draftsman and designers can create your drawings, but may add marks that cause rejection. Even lawyers don’t know the fine details of patent illustration. Less aggravation occurs with an illustrator who can point you down a path they are very familiar with.

4. Require a laser copy of the illustrations. Ink jet varieties create less accurate lines, and may bleed on the paper. Request two or three copies of the work in the FIRST generation. This means, you want it straight from the printer. Drawings that go through varieties of photocopies degrade line texture and create a less crisp image.

5. Last but not least, be sure you or the attorney has a confidentiality agreement with the illustrator. Steer clear of internet communication without encryption or firewalls. This is an obvious but sometimes forgotten measure in our fast paced e-commerce world. Requesting these priorities from your lawyer and illustrator will provide better safety in the protection of your design.

Take nothing but pictures.

Much to your dismay, I’m advising to add one more person to the ever expanding time line and money flow of patenting your invention. A hassle? Maybe. But I contend that a rejection is a bigger blow at a more critical juncture. It may seem like just a bunch of black lines, a simple sketch that anyone could create. And indeed, there are the white whales: the napkin notations that passed as “illustrations” at the USPTO. But don’t forget that receiving the patent is just the beginning. Quite possibly your invention could be called into litigation. You will want a solid, immaculate illustration to stand as a backbone against the specification it supports. A few more dollars today could literally save the millions you make in the future. When you make your decision, remember that life is a lot like when you first learned to draw...you just have to stay between the lines.