Provisional and Non Provisional Drawings

Understanding the Differences

February 2009

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 Provisional vs. Non Provisional

Drawings are the foundation of any patent application, whether it is a

provisional or non provisional application. Therefore, it is imperative to abide
by the guidelines of the United States Patent and Trademark Office (USPTO)
to ensure that the drawings are clear and the patent passes examination.

To understanding the differences between the two drawing approaches, we first

need to know what provisional and non-provisional patent applications are.

Provisional patent application basics:

• Provisional patent applications require a low USPTO filing fee

and are less expensive than the regular non provisional patent
applications.

• Provisional patent applications last only for 12 months. You still

have to file a non provisional patent application within 12 months
of your provisional application in order to retain the advantage of
the provisional’s filing date. This is just like filing an extension on
your tax return; you still need to pay the taxes and file real tax returns.

• Claims are not required for a provisional patent application.

• Provisional applications are not examined. A follow-on non

provisional goes to the back of the examination line. So if you are
racing against time and want your patent issued quickly,
a provisional application is not ideal.

To be successful, any provisional application must include thorough details

of the invention, just as in a non provisional application.

Non provisional patent application basics:

• A non provisional application establishes the filing date of your

patent application and begins the examination process by the USPTO.

• Non provisional applications are comprised of a specification

(description and claims), an oath or declaration, a drawing (when
necessary), and a fee.

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 Provisional vs. Non Provisional

Patent illustration drawings are critical and can determine the

success of any patent application. Therefore, it is important that
all drawings are in accordance with USPTO rules.

By law, all patent applicants are required to provide a draw-

ing of the invention if it increases the understanding of the
invention. Exceptions may include for matter compositions or
processes where drawings are irrelevant for comprehension.

The drawings also differ depending on the type of

patent application.
• Most drawings for a provisional application are drawn
by the inventor or an attorney, and are usually rendered
in an unsophisticated manner.

• Provisional drawings can be photographs, hand

drawings, CAD drawings, or clean line art with hand-
drawn numbers and leader lines.

• A typical provisional artwork will have the inventor’s

signature on it to prove the date of the invention.

• Non provisional drawings are usually drawn by an

illustrator and filed with an application usually written
by a patent attorney.

• Non provisional drawings must detail every attribute

of the invention specified in the claims. The drawings
must adhere to the USPTO’s specifications including
paper size, paper type, margin widths, and other details.
These explicit details are for overall uniformity when
the patent is issued and published.

• According to the USPTO, no names or labels are

permitted near the drawing. Applicants are expected
to use the space in the top margin to identify each
sheet of drawings. This identification may consist of the
attorney’s name, docket number, the inventor’s name,
application number, and/or page numbers.

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 About Legal Advantage

Legal Advantage provides the highest quality output in a timely fashion to IP professionals,
attorneys and law firms. Our experienced and trained team can prepare drawings in a broad
range of technical fields, as per the guidelines of the USPTO, the European Patent Organiza-
tion (EPO) and other international patent offices.

Our staff consists of IP attorneys, graphic designers, patent designers, prior art researchers
and engineers who are well versed in the intellectual property laws and procedures of various
countries.

After analyzing the invention for disclosure, our experts conduct in-depth searches for prior
art. Our prior art search is cost effective and guarantees high quality research when compared
to other organizations. Our team understands the US patent laws and technologies and has
expert knowledge in this field. We give priority to quality and follow a strict and comprehen-
sive Quality Assurance program. After being quality checked by our accomplished managers
and technical team, the project is sent to the client.

Our turn-around time is one of the fastest in the industry. We work around client deadlines
and have built an excellent reputation for speed and quality.

We have successfully completed 15,000 projects in the past seven years, and aim to finish the
same number in the next two years.

Legal Advantage offers the following services:

Intellectual Property services:

• Patent Illustrations
• Patent Drawings
• Patent Proof Reading
• Prior Art Search

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and Merger & Acquisition Review
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