The Patent Shoppe
  • Home
  • Firm Information
    • Areas of Practice
    • Firm Philosophy
    • Services and Pricing
  • Personnel
    • Patrick J. Lavender
  • Insight
  • Links
  • Contact Us

How much mileage can you get out of an argument that a prior art drawing does not teach or suggest the patent applicant's invention because is not drawn to scale?

12/28/2017

 
Unless the reference explicitly states that "drawings are to scale"--very little.  The MPEP specifically states at Section 2125: "When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value." 

Comments are closed.

    Insight
    ( Official Blog )

    RSS Feed

© COPYRIGHT 2015, THE PATENT SHOPPE. ALL RIGHTS RESERVED. THIS WEBSITE IS PUBLISHED BY THE LAW FIRM THE PATENT SHOPPE. ITS CONTENTS ARE NOT INTENDED TO SERVE AS LEGAL ADVICE OR LEGAL OPINION. SUCH ADVICE MAY ONLY BE PROVIDED WHEN RELATED TO SPECIFIC FACT SITUATIONS THAT THE PATENT SHOPPE HAS BEEN RETAINED AS COUNSEL TO ADDRESS.