Can the USPTO require new drawings in a national stage application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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, the USPTO can require new drawings in certain circumstances. MPEP 1893.03(f) states: “However, the examiner does have the authority to require new drawings if the drawings were published without meeting all requirements under the PCT for drawings.” This means that if the published drawings do not comply with PCT standards, the examiner can request that the applicant submit new drawings that meet these requirements.