Purpose of drawings

Question

Many patented devices have drawing to illustrate physical form to support functional claims. If the device is a data-collection system (using existing non-patentable components):

• Is the physical form of the system irrelevant: there is no reason to draw an example of the embodiment?

The arrangement / interconnection of the components is the patent 'secret sauce': I would think the USPTO expect that this should be drawn to clarify.

• Is there any other purpose for drawings in this context?

Any questions or suggestions to sharpen the question are appreciated.

Answer 1

The purpose of drawings is to help explain the invention, including ensuring it is enabled. Consequently, you should include any drawings that would be useful for the reader to this end. If no drawings would be useful, then there is no obligation to include any.

If the invention subsists in how the known elements are connected together, then this could well be shown in the drawings. For example, a diagram of components with lines showing connections would be reasonable. Additionally or alternatively, a flow chart showing the steps performed at different components would also be reasonable.

Answer 2

By law, patent applications need to include at least one patent drawing if the object or process is capable of being rendered in an illustration. However, it’s always worthwhile to try and include a patent drawing if at all possible, even if for a particular patent application it’s not strictly required. For example, if you’re claiming a method or process a drawing might not be technically required, but some kind of illustration – a flowchart or diagram perhaps – will strengthen the application.

Even though the rules may require only one drawing under normal circumstances, your patent application will be much stronger with more drawings. Drawings are not only helpful in getting your patent approved, they can be important if your patent is ever involved in a lawsuit. If an important detail was left out of the written description of the patent, drawings can still disclose what’s in the patent. The US Court of Appeals for the Federal Circuit, the primary appeals court for patent cases, often refers to drawings as part of their deliberations.