MPEP § 608.02(f) — Modifications in Drawings (Annotated Rules)
§608.02(f) Modifications in Drawings
This page consolidates and annotates all enforceable requirements under MPEP § 608.02(f), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Modifications in Drawings
This section addresses Modifications in Drawings.
Key Rules
Final Office Action
2. Unless applicant is otherwise notified in an Office action, objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action. See 37 CFR 1.85(a).
Citations
| Primary topic | Citation |
|---|---|
| Final Office Action | 37 CFR § 1.85(a) |
| – | Form Paragraph § 6.22.05 |
| – | Form Paragraph § 6.27 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 608.02(f) — Modifications in Drawings
Source: USPTO608.02(f) Modifications in Drawings [R-08.2012]
Modifications may not be shown in broken lines on figures which show in solid lines another form of the invention. Ex parte Badger, 1901 C.D. 195, 97 OG 1596 (Comm’r Pat. 1901).
All modifications described must be illustrated, or the text canceled. (Ex parte Peck, 1901 C.D. 136, 96 OG 2409 (Comm’r Pat. 1901).) This requirement does not apply to a mere reference to minor variations nor to well-known and conventional parts.
Form paragraph 6.22.05 may be used to require correction.
¶ 6.22.05 Drawings Objected to, Modifications in Same Figure
The drawings are objected to under 37 CFR 1.84(h)(5) because Figure [1] show(s) modified forms of construction in the same view. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Examiner Note:
- 1. In bracket 1, insert the appropriate Figure number(s).
- 2. Unless applicant is otherwise notified in an Office action, objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action. See 37 CFR 1.85(a).
- 3. This form paragraph may be followed by form paragraph 6.27 to require a marked up copy of the amended drawing figure(s) including annotations indicating the changes made in the corrected drawings.