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I cannot draw, but I can make videos. Is it allowed to use videos instead of drawings?

2 Answers 2

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No

And the form of drawings is tightly controlled, line width for example. In fact you need to petition to be able to use color.

You can hire a patent draftsman or use a computer drawing program to help draw. The book Patent it Yourself has a good section on making your own drawings even if you can’t draw.

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In support of an application

Maybe it can add value to George White’s answer to mention that if allowability is disputed by the USPTO, in your reply to, for e.g., an NFOA, or in an appeal to the PTAB (Patent Trial and Appeal Board), you can, by all means cite, for e.g., a YouTube link with a video demonstrating certain facts. For example, if a world record was set with the invention, but information of such performance is not public, you can prove that.

It is possible that to demonstrate certain things that should be described by the description, the drawings or claimed would be well received, but examiners have a broad discretion to suggest amendments. If it helps you convey what you couldn’t describe in writing on drawings, it probably will not help to do so by video at the above forums not in the application itself.

For the purposes of 37 C.F.R. 1.91

Also, in case an invention defies reasonable expectations of an examiner, they may require that you present a working model under 37 C.F.R. 1.91, a rarity.

In these cases, you may demonstrate the invention similarly with, for e.g., a video uploaded online or if you have reason to expect the examiner to question the feasibility of the invention, you could do the same via channels allowed for communication, but not in the patent application*, something along the lines that without implying that one or more of the inventions described or claimed therein, only to expedite the prosecution, a hyperlink referencing a video demonstrating the general feasibility of one or more of the inventions described herein or a part or parts thereof.

*Edited based on CFR 1.57(e) prohibiting hyperlinks in patent applications; see comments below.

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    Are you suggesting a hyperlink in an application?
    – George White
    Jan 12 at 19:16
  • In the second scenario, even if it isn’t necessarily a “best practice”, would it hurt? I don’t see it as a violation of any rules, and may expedite prosecution. I would be afraid of putting it in the IDS; that would probably allow for misinterpretation. Jan 12 at 19:20
  • From CFR 1.57(e) Incorporation by reference. "Other material ("Nonessential material") may be incorporated by reference to U.S. patents, U.S. patent application publications, foreign patents, foreign published applications, prior and concurrently filed commonly owned U.S. applications, or non-patent publications. An incorporation by reference by hyperlink or other form of browser executable code is not permitted. "
    – George White
    Jan 12 at 19:23
  • @George White thank you for correcting! I was not aware of that rule. Jan 12 at 19:28
  • @George White I edited the answer, does anything still warrant the negative vote? Jan 12 at 19:31

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