Using Pictures And Drawings As Prior Art

Originally published January 18, 2012

Pictures and drawings can be used as the basis of anticipation and obviousness rejections in U.S. patent prosecution.  Similarly, pictures and drawings can form the basis of patent invalidity claims in U.S. patent litigation.  However, pictures and drawings can only be properly applied to patent claims under limited circumstances.  Although text is more commonly relied upon than pictures and drawings to reject or invalidate patent claims, familiarity with the proper application of pictures and drawings to claims can help patent applicants and patent holders best evaluate their options when pictures and drawings are relevant to claims during prosecution or litigation.