Key Takeaways

  • A petition drawing is required when including color drawings in certain USPTO patent filings.
  • U.S. design patents cannot claim priority over provisional applications, which may lead to loss of rights.
  • Petition drawings must follow USPTO rules under 37 CFR §1.84, requiring an explanation of why color is essential.
  • Strong petitions include a clear purpose, supporting evidence, and visuals that convey information better than black-and-white drawings.
  • Petition drawings are also a tool in advocacy campaigns, where visual elements help attract attention, gain supporters, and persuade decision-makers

A petition drawing is needed when filling a provisional patent to the USPTO even though applicants can file color drawings with provisional applications. If you file drawings electronically, you should classify the drawing under "Drawings, other than black and white line drawings." If you don't do this, the filing system will automatically convert drawings to black and white.

When creating drawings for a patent application, it's best to avoid the use of colors. Petitions are required for non-provisional applications. Keep in mind, you won't be able to preserve the rights to a patent design with a provisional application.

Loss of Rights

You may lose your rights if you intend to rely on a provisional to file a patent design application in future. U.S. design patents can claim priority over a U.S. utility application, and U.S. utility applications can claim priority over U.S. provisional applications; however, U.S. design patents cannot claim priority over a provisional application.

Petition Drawings in Advocacy Campaigns

Outside of the patent context, the term petition drawing can also refer to the use of visual elements in public petitions and advocacy efforts. Petition campaigns often rely on compelling visuals—such as diagrams, illustrations, or infographics—to clearly communicate the issue at hand. Effective petition drawings capture attention, simplify complex information, and make the petition more persuasive to both supporters and decision-makers.

When organizing an advocacy petition:

  • Clarify the goal: A drawing should directly support the petition’s central request.
  • Simplify information: Use visuals to explain issues quickly to non-expert audiences.
  • Encourage engagement: Images make petitions more shareable on social platforms, helping campaigns gain momentum.
  • Show impact: Visual representations of statistics, maps, or before-and-after scenarios can emphasize urgency.

By combining strong visuals with a well-structured petition statement, advocates increase the likelihood of gaining traction and achieving results.

Priority Claims

A design patent can use the utility patent's filing date even if the design patent claims priority over a utility patent — in turn, a utility patent claims priority over a provisional application. Since the U.S. has a one-year grace period, this could be a problem for design applications.

Countries other than the U.S. do not allow design patents — sometimes referred to as registered designs — to claim priority over utility patent applications.

This means that applicants who want design patent coverage of their UI design outside of the U.S. may not get such coverage if they follow the U.S. provisional-U.S. utility-U.S. design route. This is because there is no grace period in other countries and evaluations of designs are based on an absolute novelty standard.

As such, it's best to file design patent applications the same day as a utility or provisional patent application. You could benefit from the fact that the USPTO recently joined the Hague Agreement, which concerns the international registration of industrial designs.

Patent rules with respect to 37 CFR §1.84 allow the use of color drawings when necessary and on rare occasions, where it is the only practical medium through which the applicant can relate the subject matter to be patented. Color drawings require a petition. Currently, no database of petition decisions exists that is equivalent to that of the Board of Appeals decisions.

Requirements for USPTO Petition Drawings

When filing a petition drawing with the USPTO, applicants must satisfy specific requirements:

  1. Necessity: Applicants must demonstrate that color or other non-standard formats are the only practical way to depict the invention.
  2. Formal Petition: A petition under 37 CFR §1.84 must be submitted, along with the appropriate fee.
  3. Explanatory Statement: The petition must explain why black-and-white line drawings are insufficient.
  4. Quality Standards: Drawings must be clear, reproducible, and consistent with USPTO standards.

Failure to meet these conditions often results in denial, as seen in cases where applicants initially submitted color drawings without explanation but were later approved after clarifying the necessity.

Granted Petitions for Color Drawings

11/495,229 — Petition Granted on June 2007:

The Applicant filed an application titled "Interactive Computer Simulation Enhanced Exercise Machine" together with a petition to present color photographs. The applicant explained that the color photos were the only practical medium through which the simulated environment generated by the disclosed subject matter could be shown.

A Supervisory Patent Examiner in T.C. 3700 granted the petition six months after it was filed.

12/288,158 — Petition Granted on Aug. 2010

The Applicant (12/288,158) filed an application titled "NLP Based Entity Recognition and Disambiguation" along with a petition to present several colored UI screenshots. However, there was no explanation as to why the use of colored screenshots was necessary. After a few months, the petition was denied by a Quality Assurance Specialist in TC 2100 for this very reason.

The applicant then filed another petition along with an explanation stating that the colored screenshots were necessary to support and point out the necessities of the claimed invention. The Quality Assurance Specialist then granted the petition stating that the petition contained the explanation required by §1.84.

11/925,065 — Petition Granted on Jun. 2010

The Applicant (11/925,065) filed a patent application together with a petition for three of the drawings to be in color. The title of the application was "Transmitting Information Effectively in Server/Client Network."

The applicant explained that the color drawings were necessary to represent the different directions that information travels. Color drawings were also necessary to represent the information itself in the server-client network. For this application, the use of color drawings was absolutely essential.

After the petition was assigned to the Art Unit, it was granted by a Quality Assurance Specialist in T.C. 2400. The decision to grant didn't comment on the sufficiency of the explanation and only stated that the first three conditions of §1.84(a)(2) were met.

Best Practices for Preparing Petition Drawings

Whether for a patent filing or a public advocacy campaign, strong petition drawings follow a set of best practices:

  • Accuracy and Detail: For patents, ensure drawings fully represent the claimed invention. For advocacy, ensure accuracy in depicting facts or data.
  • Clarity: Avoid clutter—visuals should enhance, not confuse.
  • Consistency: Maintain uniform style and labeling across drawings.
  • Supportive Role: Drawings should support the written petition, not replace it.
  • Professional Preparation: For patents, consider hiring a professional patent illustrator familiar with USPTO standards.

Using these practices not only increases the chance of a petition being granted in a patent context but also strengthens the persuasive power of public petitions.

Frequently Asked Questions

1. What is a petition drawing in patent law?

A petition drawing is a color or special-format drawing submitted with a patent application, requiring a formal petition under USPTO rules when black-and-white drawings are inadequate.

2. When should I file a petition for color drawings with the USPTO?

Only when color is essential to understanding the invention, such as showing distinct features or processes that cannot be represented in black and white.

3. Can provisional patent applications include petition drawings?

Provisional applications may include color drawings electronically, but they are automatically converted to black-and-white unless properly classified. Petitions are typically required for non-provisional applications.

4. How are petition drawings used in advocacy campaigns?

Advocacy petitions often use drawings, charts, and visuals to simplify complex issues, capture attention, and persuade decision-makers to act.

5. What are common mistakes in petition drawings?

Failing to justify the use of color in patent petitions, using unclear or cluttered visuals, and relying on drawings without supporting written explanation are frequent errors.

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