Recategorizing under patent applications
Please DO NOT message or phone me with further questions or comments as the discussions would be outside this forum and would not be visible to the public (the only exception to this being for serious prospective clients). If you have additional follow up questions or additional facts to add, re-draft them into a new question and repost it. My responses on this website DO NOT constitute a consultation, nor do they establish an attorney-client relationship. Only a written retention agreement signed by client and myself will establish an attorney-client relationship.
Generally, a patent application includes at least, a specification, where:
"The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention."
From 35 U.S.C. 112(a), for patent applications filed on or after September 16, 2012.
Generally, if you have a schematic or diagram which is needed to comply with 35 U.S.C. 112(a) in your case, then you should provide it.
However, you should discuss with a registered patent attorney in a private consultation.
Many registered patent attorneys may have free initial telephone consultations.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Tencza Jr. cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
U.S. patent drawing requirements are found in 35 U.S.C. §113, 37 C.F.R. §1.83 and 37 C.F.R. §1.81. In short, a patent application is required to contain drawings where necessary to understand the subject matter sought to be patented. The drawings must show every feature of the invention as 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, may be illustrated in the form of a graphical drawing symbol or a labeled representation, e.g., a labeled rectangular box.) As you may be aware, claims can be the most difficult part of a patent to draft. Inventors are well-advised to seek help from registered patent practitioners in drafting quality claims.
Before you decide to file a patent application, you should consult a registered patent attorney or agent to discuss your invention.
No You do not need schematic electrical drawings. Your combination specification and drawings must communicate "enablement", meaning a person skilled in the art would, after reading your drawings in conjunction with the specification, understand how to build your device or practice your method without "undue experimentation". You do not want to be so specific that you narrow the scope of your invention. The wiring can likely be constructed in various forms.
My response does not constitute legal advice nor does it create an attorney-client relationship. Such relationship can be established only through a mutually signed retention agreement.
I have a shorter answer than my colleagues. "Yes" if the circuit diagram is needed in order to understand how to make and use the invention. "No" if a person of ordinary skill in the art can determine how to make and use the invention without having your circuit diagram. I often include circuit diagrams with the proviso that the diagram represents only one embodiment of the invention.
I'm also harsher than some of my colleagues. In my opinion, drafting a patent application as a non-practitioner is a fool's errand. Save headaches and, in the long run, money. Hire a patent practitioner (attorney or agent).
All good answers above. I'll describe an example -- this is from the public file history, not confidential information, An inventor without electronic/computer engineering skills knew what he wanted the thing to do and wrote up the user's manual in detail. The manual provided the basis for the specification in the patent application. The Examiner rejected for lack of a circuit diagram. In fact, the inventor sent his manual to an engineer who made the product work, and we submitted a Declaration from the engineer, essentially saying "he sent me the manual and that was enough for me to build one." Enablement of a person of ordinary skill was proven and the patent issued.
This is public information not legal advice. For confidential consultation email [email protected] Please read he whole disclaimer, click More. This answer is written to explain situations which may come up involving intellectual property law issues. It does not give specific legal advice about specific fact situations. If you have a specific fact situation in mind you should ask for professional legal advice about the relevant facts. Seemingly minor changes in facts may change a legal opinion dramatically. Space here does not permit an explanation of all the variables in complex legal areas. Dave Brezina is an Illinois lawyer and his profession is regulated under the authority of the Supreme Court of Illinois. Although he represents clients nationally and internationally, his law practice is performed in Illinois and is not subject to regulation by other states. Dave Brezina is also a Registered Patent Attorney and a patent practice is regulated by the US Patent and Trademark Office a Federal agency and is not subject to regulation by the states. The firm, Ladas & Parry, LLP, has attorneys admitted and offices in at least Illinois, New York and California. Finally, do not post confidential information. There is not an attorney client relationship created simply by correspondence or communication with the author of this site.
It depends on what you're claiming! If what's novel/unique about your invention is the electrical wiring and the functionality is achieved through the wiring, then YES, otherwise, probably not.
I actually answered this question Today in my Facebook live video I do every Friday morning on the Bold Today Show from 9:00 AM-9:30 AM Pacific.
Here's the link with the answer to your question: https://www.facebook.com/boldpatents/videos/809724006526871/
Thanks for reading! Note, this is not legal advice, it is simply some of my thoughts regarding the question posed. There is no attorney-client relationship. I am not your attorney and you are not my client.
Short answer: No. Your drawings need to depict all the elements of your claims. Claims, in turn, define the invention(s) which are described in the specification. The patent is viewed from the perspective of a person of ordinary skill in the field of the invention. So, your drawings need to show what you claim as understood by that person of ordinary skill. More generally, you would be much better off involving an attorney in this patent acquisition process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline