Can drawing errors be corrected through a reissue application?

Yes, drawing errors can be corrected through a reissue application, but only if the correction is substantive in nature. The MPEP states:

A reissue may be based on a drawing correction that is substantive in nature, because such a correction qualifies as correcting an error under 35 U.S.C. 251 that may properly be deemed to render the patent wholly or partly inoperative.

However, non-substantive drawing changes cannot be the sole basis for a reissue application. The MPEP provides examples of non-substantive changes:

• Reference numeral corrections or additions
• Addition of shading
• Addition of a figure merely to clarify the disclosure

It’s important to note that while non-substantive drawing changes cannot be the sole basis for a reissue, they can be included in a reissue application that corrects at least one substantive error under 35 U.S.C. 251.

To learn more:

• drawing errors
• reissue application
• substantive corrections
• non-substantive changes
• 35 U.S.C. 251