MPEP § 608.02(h) — Replacement Drawings (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 608.02(h), 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.
Replacement Drawings
This section addresses Replacement Drawings.
Key Rules
Conditional Requirements (3)
All sheets of replacement drawings will be routinely entered into the contents of the application. However, the examiner should not overlook such factors as new matter, the necessity for the replacement sheets and consistency with other sheets. If the examiner decides that the sheets should not be entered, the examiner should provide the applicant with the complete, explicit reasoning for the denial of entry. The entries previously made will be marked "not entered."
3. If unacceptable because of noncompliance with 37 CFR 1.121(d), an explanation must be provided. Form PTOL-324 may be used instead of this form paragraph to provide the explanation.
When an amendment is filed stating that replacement sheets of drawings are filed with the amendment and such drawings are not in the IFW, in the next communication by the examiner, the applicant must be notified that replacement drawings do not appear to have been received and thus have not been entered in the application.
Exceptions & Carve-Outs (1)
All sheets of replacement drawings will be routinely entered into the contents of the application. However, the examiner should not overlook such factors as new matter, the necessity for the replacement sheets and consistency with other sheets. If the examiner decides that the sheets should not be entered, the examiner should provide the applicant with the complete, explicit reasoning for the denial of entry. The entries previously made will be marked "not entered."
Permitted Actions (2)
Form paragraph 6.37 may be used to acknowledge replacement drawing sheets.
3. If unacceptable because of noncompliance with 37 CFR 1.121(d), an explanation must be provided. Form PTOL-324 may be used instead of this form paragraph to provide the explanation.
Definitions & Scope (2)
All sheets of replacement drawings will be routinely entered into the contents of the application. However, the examiner should not overlook such factors as new matter, the necessity for the replacement sheets and consistency with other sheets. If the examiner decides that the sheets should not be entered, the examiner should provide the applicant with the complete, explicit reasoning for the denial of entry. The entries previously made will be marked "not entered."
Note that drawings will not be returned to the applicant. See MPEP § 608.02(y).
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 drawings were received on [1] . These drawings are [2] .
Citations
| Primary topic | Citation |
|---|---|
| – | 37 CFR § 1.121(d) |
| – | MPEP § 608.02(y) |
| – | Form Paragraph § 6.37 |
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(h) — Replacement Drawings
Source: USPTO608.02(h) Replacement Drawings [R-10.2019]
All sheets of replacement drawings will be routinely entered into the contents of the application. However, the examiner should not overlook such factors as new matter, the necessity for the replacement sheets and consistency with other sheets. If the examiner decides that the sheets should not be entered, the examiner should provide the applicant with the complete, explicit reasoning for the denial of entry. The entries previously made will be marked “not entered.”
Form paragraph 6.37 may be used to acknowledge replacement drawing sheets.
¶ 6.37 Acknowledgment of Replacement Drawing Sheets
The drawings were received on [1]. These drawings are [2].
Examiner Note:
- 1. In bracket 2, insert either –acceptable– or –unacceptable–.
- 2. Identify any drawing(s) not entered because they contain new matter and explain the correction(s) necessary to obtain entry upon resubmission.
- 3. If unacceptable because of noncompliance with 37 CFR 1.121(d), an explanation must be provided. Form PTOL-324 may be used instead of this form paragraph to provide the explanation.
Alternatively, PTOL-326 Office Action Summary includes a block for acknowledgment of replacement drawings.
When an amendment is filed stating that replacement sheets of drawings are filed with the amendment and such drawings are not in the IFW, in the next communication by the examiner, the applicant must be notified that replacement drawings do not appear to have been received and thus have not been entered in the application.
Note that drawings will not be returned to the applicant. See MPEP § 608.02(y).