Can a patent examiner begin examination if drawings are defective under 35 U.S.C. 112?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a patent examiner can begin examination if the drawings are defective under 35 U.S.C. 112, but with specific actions:

1. The examination begins immediately.
2. The examiner issues a requirement for corrected drawings.
3. The examiner rejects the claims as not being in compliance with 35 U.S.C. 112(a).

The MPEP states: However, if the drawings do permit reasonable examination and the supervisory patent examiner believes the drawings are of such a character as to render the application defective under 35 U.S.C. 112, examination should begin immediately with a requirement for corrected drawings and a rejection of the claims as not being in compliance with 35 U.S.C. 112(a) being made.

This approach allows the examination process to proceed while addressing the drawing deficiencies.