What should examiners do if drawings are inconsistent with the specification in a patent application?
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.
If examiners find that drawings are inconsistent with the specification in a patent application, they should:
- Identify the specific inconsistencies
- Object to the drawings and/or specification as appropriate
- Provide clear explanations of the inconsistencies in the Office action
- Require the applicant to correct the inconsistencies
MPEP 608.02(e) states: ‘The examiner should see to it that the drawings are correct, complete, and consistent with the specification and claims.’ This responsibility includes ensuring that the drawings accurately reflect the invention described in the specification and that there are no contradictions between the textual description and the visual representation.
Topics:
Patent Law
Patent Procedure