14.07 Formalities requirements of the description
14.07.02 Drawings, graphics and tables
In accordance with section 51 of the Patent Rules, the description must not contain drawings[115] but may contain chemical or mathematical formulae.[116] For greater clarity, a chemical formula may be presented in the description in graphical form (i.e. as a structure).[117]
The description may also contain information presented in tables. In accordance with subsection 14(2) of the Patent Rules, any formula or table may, where it aids presentation, be presented sideways (i.e. in landscape format). Otherwise, subsection 14(1) of the Patent Rules provides that pages of the description must be used upright (i.e. in portrait format).
It can be inferred from subsection 27(5.1) of the Patent Act that a drawing is an illustration of the invention. Schematics that illustrate a process, such as flow-charts, are generally considered to be drawings.
Graphical representations of data, such as graphs, histograms, pie charts, and spectra, are not necessarily to be viewed as “illustrations of the invention”, and therefore may be included in the description. Where a graphical representation of data is provided as a drawing, it must comply with all the requirements of section 59 of the Patent Rules.
Tabulated data generally cannot be considered a “drawing”, and typically should be presented in the description.
Where the application contains drawings, subsection 59(11) of the Patent Rules requires that any reference characters appearing on any figures in the drawings (including photographs), and only these reference characters, be mentioned in the description. Further, subsection 59(12) of the Patent Rules requires that when a reference character is used for a particular feature, that it be the same throughout the abstract, specification and drawings. The same reference character cannot be used to refer to any other features.
Chapter 15 Drawings
Inventions which can be illustrated by means of drawings shall be so illustrated in an application for a patent. The role of the drawings is to clarify the principles of the construction of a device rather than to provide particular details of dimensions or relative proportions. The drawings must clearly show all parts of the invention (subsection 27(5.1) of the Patent Act) and must be without colouring (subsection 59(3) of the Patent Rules). Known devices may be illustrated by symbols which have a universally recognized conventional meaning provided that no further detail is essential for understanding the subject-matter of the invention. Where text matter in the drawings would give a better understanding of the drawings, a single word or a few words may be used. Blank “blocks” in schematic diagrams must be descriptively labelled. Figures in the drawings which illustrate the prior art should be labelled “PRIOR ART”.
Each drawing must include reference characters corresponding with those in the specification, and the Commissioner may require further drawings or dispense with any of them as the Commissioner sees fit (subsection 27(5.2) of the Patent Act). If a notice for further drawings under subsection 27(5.2) of the Patent Act is not replied to, in good faith, within 3 months, the application will be deemed abandoned under paragraph 132(1)(c) of the Patent Rules.
Whenever drawings are provided in an application, they must conform to the provisions of sections 46, 49 and 59 and subsections 14(2)and 47(2) of the Patent Rules. Subsection 56(2) of the Patent Rules permits reference to the drawings before they are concisely described when the reference is made in respect of prior art.
15.01.01 Amendments to drawings
Subsection 38.2(1) of the Patent Act states that the specification and any drawings furnished as part of an application may be amended before the patent is issued.
Drawings may not be amended to add new matter.
Detailed information on making amendments to patent applications can be found in Chapters 11 and 20 of this manual.
15.02 Photographs
In any case in which an invention does not admit of illustration by means of drawings but does admit of illustration by means of photographs, the applicant may, as part of the application, furnish photographs that illustrate the invention (subsection 59(2) of the Patent Rules). Any such photograph can contain colour (subsection 59(3) of the Patent Rules) but is still subject to subsections 59(3)-(13) of the Patent Rules. Further, while Canada is a Receiving Office (RO) that does allow for colour in photographs, not all other international receiving offices do. Some ROs may convert colour photographs into black and white. Care should be taken since any converted photographs may lose detail in the photograph and any addition of such detail after the filing date can be considered new matter.
Drawings
Marginal note:Requirements
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59 (1) Subject to subsection (2), the drawings must be in black, sufficiently dense and dark, well-defined lines to permit legible reproduction and must not be photographs.
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Marginal note:Exception
(2) If an invention does not admit of illustration by means of drawings complying with subsection (1) but does admit of illustration by means of photographs, the drawings that must be furnished for the purposes of subsection 27(5.1) or (5.2) of the Act may be photographs.
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Marginal note:No colourings
(3) Except in the case of photographs, the drawings must be without colourings.
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Marginal note:Cross-sections
(4) Except in the case of photographs, cross-sections in the drawings must be indicated by hatching that does not impede the reading of the reference characters and lead lines.
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Marginal note:Numbers, letters and lead lines
(5) All numbers, letters and lead lines in the drawings must be simple and clear.
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Marginal note:Proportionality
(6) Elements of the same figure must be in proportion to each other unless a difference in proportion is necessary for the clarity of the figure.
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Marginal note:Font size
(7) Numbers and letters in the drawings must be at least 0.32 cm in height.
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Marginal note:Multiple figures
(8) A single page of the drawings may contain several figures.
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Marginal note:Figure spread out on multiple pages
(9) If a figure is spread out over two or more pages, each part of the figure must be so arranged that the entire figure can be assembled without concealing any part of the figure.
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Marginal note:Numbering of figures
(10) If there is more than one figure, the figures must be numbered consecutively.
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Marginal note:Reference characters
(11) A reference character not mentioned in the description must not appear in a drawing and vice versa.
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Marginal note:Consistent use of reference characters
(12) A reference character used for a particular feature must be the same throughout the abstract, the specification and the drawings.
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Marginal note:No unnecessary text
(13) The drawings must not contain text matter except to the extent necessary to understand the drawings.
Industrial Design Drawings
Industrial Design Office Practices
6. Examination
6.1 Industrial design subject matter
Industrial design means:
Features of shape, configuration, pattern, ornament, or any combination of these features that are applied to a finished article.
This includes:
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designs applied to articles that are sold separately, even if they are not normally used on their own. For example, a zipper is sold as a separate article, but in normal use, it is part of another article such as a piece of clothing or a handbag;
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designs applied to combined articles consisting of two or more components that come apart and are separate articles in themselves, provided that such components combine to make a finished article, e.g., tray with lid;
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electronic icons embodied in a finished article (Note: a new practice notice has been published for animated electronic icons. Please refer to the practice notice entitled, “Application for Protection of Computer-Generated Animated Designs”, January 16, 2017);
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designs applied to "sets" as defined in section 2 of the Industrial Design Act;
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designs applied to finished articles assembled from a kit, as per the definition of "kit" in section 2 of the Industrial Design Act;
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designs applied to portable buildings and structures—preformed, portable and delivered to purchasers as finished articles or in sections to be put together by a simple operation such as bolting; and
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designs applied to articles of indefinite length such as fabric and wallpaper.
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Industrial design does NOT apply to:
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design features in isolation—protection can only be obtained for design features that have been applied to a particular finished article;
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the functional characteristics of an article, e.g., what the article does and how;
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methods or principles of construction, e.g., what the article is made of and how it is assembled;
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ideas or general concepts—only a specific design applied to a particular finished article can be protected;
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the colour of an article (Note: the Office has changed its interpretation with regard to the registrability of colour. Please refer to the practice entitled “Update: Colour as a registrable feature of an industrial design”, May 2, 2017);
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features of an article that do not have a fixed appearance, e.g., holograms; and
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buildings and structures to be constructed on-site (not including structures that are preformed, portable and delivered to purchasers as finished articles, or in sections to be put together by a simple operation such as bolting).
6.4.5 Description identifying the features that constitute the design
Design applied to the entirety or a portion of the article
The description must indicate whether the design relates to the appearance of the entire article or to the appearance of a portion of the article. Further, if the design relates only to a portion, that portion must be clearly identified.
Which visual features
The description must make clear which of the visual features shown in the drawings comprise the design. For example, does the design consist of all of the visual features of the article or only certain specific features, e.g., only shape.
Any feature of the design referred to in the description must be visible in the drawings or photographs.
An application may include a more detailed description provided that the additional detail accurately describes design features visible in the drawings or photographs.
Highlighting important features
It is acceptable to highlight a particular feature that is considered to be an important feature of the design.
Words or letters
When letters or words are included in the drawings or photographs as features of the design, any description of those features must relate to their visual appearance. Words and letters per se are not the registrable subject matter of industrial design.
Variants
An application must relate to one design or to designs that constitute variants. To be accepted as variants, the designs must be very similar and possess the described features without substantial variation.
Sets
It should be clear in the description when the design applies to a set and the description should refer only to the design features common among all pieces of the set, e.g., the identical design or variants applied to each piece of the set. It is acceptable to indicate the location of these features on each piece of the set.
Figure reference
It is recommended that a figure reference be inserted at the end of the description when more than one drawing or photograph has been provided. The figure references should be restricted to describing the views seen in the drawings, i.e., perspective, front, back, top, bottom, left side, right side.
When an article is shown in an opened and closed position or in an extended and retracted position, the figure references should also make that clear, e.g., Figure l is a bottom view of the kettle and Figure 2 is a top view of the kettle showing the kettle with the lid in the open position.
6.5 Drawings or photographs
6.5.1 General requirements
Show entire article
The drawings/photographs must show the entire finished article to which the design is applied, even though the design may relate to the appearance of only a portion of the article.
Show fully-assembled article
Only the fully assembled view of the finished article will be accepted. Parts that are not visible in the completely assembled article are not registrable and should not be shown or labelled.
Show article in isolation
The article must be shown in isolation. The only subject matter that will be accepted aside from the illustration of the article are figure numbers, the names of the views, and the applicant's name/signature. Such written matter must not hinder the clear disclosure of the article (see also section below entitled "One view showing environment").
Clearly disclose design features
The drawings/photographs must clearly disclose all the design features identified and described in the description portion of the application.
It is acceptable to submit photocopies or scanned images if the article and the features of the design are clearly shown.
Quality
Drawings and photographs must be clear and legible and must be presented so that the Office can directly reproduce them in black and white.
Photographs
Photographs should be numbered in sequence. It is suggested that the numbers be written, stamped or typed on the back of the photograph with permanent ink.
Views
The drawings/photographs must include a sufficient number of views to show the features of the design clearly and accurately.
Two-dimensional, plan and elevation views are accepted, and it is recommended that a perspective view of the design be included since it discloses the article in three dimensions.
Views of the article in open and closed, or extended and retracted positions, may be included when it is necessary to reveal design features visible when the article is used in those positions.
Flexible articles
Articles such as clothing and cushions that are flexible may be shown flat or as they appear in use, provided that the features of the design are shown clearly and accurately.
Sets
All pieces of the set must be shown in the drawings or photographs.
Variants
It is preferable to group views of each variant together (i.e., consecutively). A sufficient number of views are required for each variant to clearly and accurately disclose the design features.