MPEP § 608.02(p) — Correction of Drawings (Annotated Rules)
§608.02(p) Correction of Drawings
This page consolidates and annotates all enforceable requirements under MPEP § 608.02(p), 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.
Correction of Drawings
This section addresses Correction of Drawings. Primary authority: 37 CFR 1.85. Contains: 1 guidance statement and 1 permission.
Key Rules
Statutory Authority for Examination
Mandatory Application Elements
(c) If a corrected drawing is required or if a drawing does not comply with § 1.84 or an amended drawing submitted under § 1.121(d) in a nonprovisional international design application does not comply with § 1.1026 at the time an application is allowed, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mail date of the notice of allowability within which the applicant must file a corrected drawing in compliance with § 1.84 or 1.1026, as applicable, to avoid abandonment. This time period is not extendable under § 1.136 (see § 1.136(c)).
(c) If a corrected drawing is required or if a drawing does not comply with § 1.84 or an amended drawing submitted under § 1.121(d) in a nonprovisional international design application does not comply with § 1.1026 at the time an application is allowed, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mail date of the notice of allowability within which the applicant must file a corrected drawing in compliance with § 1.84 or 1.1026, as applicable, to avoid abandonment. This time period is not extendable under § 1.136 (see § 1.136(c)).
Figure Requirements
A canceled figure may be reinstated. An amendment should be made to the specification adding the brief description of the view if a canceled figure is reinstated.
A canceled figure may be reinstated. An amendment should be made to the specification adding the brief description of the view if a canceled figure is reinstated.
Abandonment & Publication
(a) A utility or plant application will not be placed on the files for examination until objections to the drawings have been corrected. Except as provided in § 1.215(c), any patent application publication will not include drawings filed after the application has been placed on the files for examination. 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 (§ 1.135(c)). If a drawing in a design application meets the requirements of § 1.84(e), (f), and (g) and is suitable for reproduction, but is not otherwise in compliance with § 1.84, the drawing may be admitted for examination.
Final Office Action
(a) A utility or plant application will not be placed on the files for examination until objections to the drawings have been corrected. Except as provided in § 1.215(c), any patent application publication will not include drawings filed after the application has been placed on the files for examination. 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 (§ 1.135(c)). If a drawing in a design application meets the requirements of § 1.84(e), (f), and (g) and is suitable for reproduction, but is not otherwise in compliance with § 1.84, the drawing may be admitted for examination.
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
The United States Patent and Trademark Office does not make drawing changes. It is applicant’s responsibility to ensure that the drawings are corrected. Corrections must be made in accordance with the instructions below.
This form paragraph is to be used whenever the applicant has filed a request for the Office to make drawing changes. Form paragraph 6.40 must follow.
Drawing changes must be made by presenting replacement sheets which incorporate the desired changes and which comply with 37 CFR 1.84 . An explanation of the changes made must be presented either in the drawing amendments section, or remarks, section of the amendment paper. 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) . A replacement sheet must 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 the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and within the top margin.
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheets must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change(s) to the drawings.
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a) . Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
- Amended Drawing Compliance Required Before Allowance
- Corrected Drawing Required Within Three Months
- Drawings Must Be Correct Before Examination
- Drawings Must Be Filed Before Examination
- Objections to Drawings Not Held in Abeyance
- Design Drawing May Be Examined Despite Minor Noncompliance
- Corrected Drawings Required Within Set Time
- New Corrected Drawings Required Within Set Time
Applicant is reminded that the U.S. Patent and Trademark Office does not make drawing changes and that it is applicant’s responsibility to ensure that the drawings are corrected in accordance with the instructions set forth in the paper mailed on [1] .
This form paragraph is to be used when the applicant has been previously provided with information on how to effect drawing changes.
Applicant is reminded that in order to avoid an abandonment of this application, the drawings must be corrected in accordance with the instructions set forth in the paper mailed on [1] .
This form paragraph is to be used when allowing the application and when applicant has previously been provided with information on how to effect drawing changes.
The drawings filed on [1] are acceptable subject to correction of the informalities indicated below. In order to avoid abandonment of this application, correction is required in reply to the Office action. The correction will not be held in abeyance.
- Drawings Must Be Correct Before Examination
- Drawings Must Be Filed Before Examination
- Objections to Drawings Not Held in Abeyance
- Design Drawing May Be Examined Despite Minor Noncompliance
- Corrected Drawings Required Within Set Time
- New Corrected Drawings Required Within Set Time
- Amended Drawing Compliance Required Before Allowance
- Corrected Drawing Required Within Three Months
The following changes to the drawings have been approved by the examiner and agreed upon by applicant: [1] . In order to avoid abandonment of the application, applicant must make these agreed upon drawing changes.
Citations
| Primary topic | Citation |
|---|---|
| Mandatory Application Elements | 37 CFR § 1.1026 |
| Mandatory Application Elements | 37 CFR § 1.121(d) |
| Abandonment & Publication Final Office Action Statutory Authority for Examination | 37 CFR § 1.135(c) |
| Mandatory Application Elements | 37 CFR § 1.136 |
| Mandatory Application Elements | 37 CFR § 1.136(c) |
| Abandonment & Publication Final Office Action Statutory Authority for Examination | 37 CFR § 1.215(c) |
| Abandonment & Publication Final Office Action Mandatory Application Elements Statutory Authority for Examination | 37 CFR § 1.84 |
| Abandonment & Publication Final Office Action Statutory Authority for Examination | 37 CFR § 1.84(e) |
| – | 37 CFR § 608.02(d) |
| – | 37 CFR § 608.02(h) |
| – | 37 CFR § 608.02(p) |
| – | MPEP § 1302.05 |
| – | MPEP § 608.02(b) |
| – | MPEP § 608.02(w) |
| – | Form Paragraph § 6.40 |
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(p) — Correction of Drawings
Source: USPTO608.02(p) Correction of Drawings [R-07.2015]
37 CFR 1.121 Manner of making amendments in applications.
*****
- (d) Drawings. One or more application drawings shall be amended in the
following manner: Any changes to an application drawing must be in
compliance with § 1.84 or, for a
nonprovisional international design application, in compliance with
§§
1.84(c) and 1.1026 and must be submitted on a replacement sheet
of drawings which shall be an attachment to the amendment document and, in
the top margin, labeled “Replacement Sheet.” Any replacement sheet of
drawings shall include all of the figures appearing on the immediate prior
version of the sheet, even if only one figure is amended. Any new sheet of
drawings containing an additional figure must be labeled in the top margin
as “New Sheet.” All changes to the drawings shall be explained, in detail,
in either the drawing amendment or remarks section of the amendment
paper.
- (1) A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be included. The marked-up copy must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change to the drawings.
- (2) A marked-up copy of any amended drawing figure, including annotations indicating the changes made, must be provided when required by the examiner.
*****
37 CFR 1.85 Corrections to drawings.
- (a) A utility or plant application will not be placed on the files for examination until objections to the drawings have been corrected. Except as provided in § 1.215(c), any patent application publication will not include drawings filed after the application has been placed on the files for examination. 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 (§ 1.135(c)). If a drawing in a design application meets the requirements of § 1.84(e), (f), and (g) and is suitable for reproduction, but is not otherwise in compliance with § 1.84, the drawing may be admitted for examination.
- (b) The Office will not release drawings for purposes of correction. If corrections are necessary, new corrected drawings must be submitted within the time set by the Office.
- (c) If a corrected drawing is required or if a drawing does not comply with § 1.84 or an amended drawing submitted under § 1.121(d) in a nonprovisional international design application does not comply with § 1.1026 at the time an application is allowed, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mail date of the notice of allowability within which the applicant must file a corrected drawing in compliance with § 1.84 or 1.1026, as applicable, to avoid abandonment. This time period is not extendable under § 1.136 (see § 1.136(c)).
See also MPEP § 608.02(b). For correction at allowance and issue, see MPEP § 608.02(w) and MPEP § 1302.05.
A canceled figure may be reinstated. An amendment should be made to the specification adding the brief description of the view if a canceled figure is reinstated.
The following form paragraphs may be used to notify applicants of drawing corrections.
¶ 6.39 USPTO Does Not Make Drawing Changes
The United States Patent and Trademark Office does not make drawing changes. It is applicant’s responsibility to ensure that the drawings are corrected. Corrections must be made in accordance with the instructions below.
Examiner Note:
This form paragraph is to be used whenever the applicant has filed a request for the Office to make drawing changes. Form paragraph 6.40 must follow.
¶ 6.40 Information on How To Effect Drawing Changes
INFORMATION ON HOW TO EFFECT DRAWING CHANGESReplacement Drawing SheetsDrawing changes must be made by presenting replacement sheets which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments section, or remarks, section of the amendment paper. 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). A replacement sheet must 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 the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and within the top margin.
Annotated Drawing SheetsA marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheets must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change(s) to the drawings.
Timing of CorrectionsApplicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
¶ 6.41 Reminder That USPTO Does Not Make Drawing Changes
Applicant is reminded that the U.S. Patent and Trademark Office does not make drawing changes and that it is applicant’s responsibility to ensure that the drawings are corrected in accordance with the instructions set forth in the paper mailed on [1].
Examiner Note:
This form paragraph is to be used when the applicant has been previously provided with information on how to effect drawing changes.
¶ 6.42 Reminder That Applicant Must Make Drawing Changes
Applicant is reminded that in order to avoid an abandonment of this application, the drawings must be corrected in accordance with the instructions set forth in the paper mailed on [1].
Examiner Note:
This form paragraph is to be used when allowing the application and when applicant has previously been provided with information on how to effect drawing changes.
¶ 6.43 Drawings Contain Informalities, Application Allowed
The drawings filed on [1] are acceptable subject to correction of the informalities indicated below. In order to avoid abandonment of this application, correction is required in reply to the Office action. The correction will not be held in abeyance.
Examiner Note:
- 1. Use this form paragraph when allowing the application, particularly at time of first action issue. Supply an explanation of drawings informalities (see MPEP § 608.02(b), § 608.02(d) – § 608.02(h) and § 608.02(p)).
- 2. Form paragraph 6.40 or 6.41 must follow.