How are drawing errors handled in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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.
Drawing errors in patent applications are typically addressed as follows:
- Minor errors: The examiner may handle these by annotations or corrections with the concurrence of the applicant.
- Substantial errors: These require the applicant to submit corrected drawings.
According to MPEP 608.02:
‘In instances where the drawing is such that the prosecution can be carried on without the corrections, applicant is informed of the reasons why the drawing is objected to on Form PTO-948 or in an examiner’s action, and that the drawing is accepted as filed.’
If corrections are necessary, the examiner will set a time period for submission. Failure to submit corrected drawings may result in abandonment of the application.
Topics:
Patent Law
Patent Procedure