37 CFR § 1.81 — Drawings required in patent (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.81 Drawings required in patent
This page consolidates MPEP guidance interpreting 37 CFR § 1.81, including 61 rules 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.
Summary
This section outlines the requirement for providing drawings in patent applications, specifying when they are necessary for understanding the invention and detailing key obligations for applicants.
What this section covers
- Defines the requirement to provide drawings in a patent application where necessary for understanding the invention.
- Identifies that drawings are required to be of high quality and necessary for the understanding of the subject matter.
Key obligations
- Applicants must provide drawings where necessary for understanding the invention.
- Drawings must be of high quality and necessary for the understanding of the subject matter.
- The requirement applies to both pre and post December 18, 2013 filing dates.
Practice notes
- Advise practitioners to ensure drawings are clear and concise, avoiding unnecessary complexity.
- Warn against including extraneous or decorative elements in drawings that do not aid understanding of the invention.
Official MPEP § 1.81 — Drawings required in patent
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.81 Drawings required in patent application.
[Editor Note: Para. (a) below is applicable only to patent applications filed under 35 U.S.C. 111 on or after December 18, 2013 *]
- (a) The applicant for a patent is required to furnish a drawing of the invention where necessary for the understanding of the subject matter sought to be patented. Since corrections are the responsibility of the applicant, the original drawing(s) should be retained by the applicant for any necessary future correction.
- (b) Drawings may include illustrations which facilitate an understanding of the invention (for example, flow sheets in cases of processes, and diagrammatic views).
- (c) Whenever the nature of the subject matter sought to be patented admits of illustration by a drawing without its being necessary for the understanding of the subject matter and the applicant has not furnished such a drawing, the examiner will require its submission within a time period of not less than two months from the date of the sending of a notice thereof.
- (d) Drawings submitted after the filing date of the application may not be used to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclosure therein, or to supplement the original disclosure thereof for the purpose of interpretation of the scope of any claim.
[43 FR 4015, Jan. 31, 1978; para. (a), 53 FR 47809, Nov. 28, 1988, effective Jan. 1, 1989; para. (a) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (a) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013]
[ * Para. (a) above is only applicable to applications filed under 35 U.S.C. 111 on or after Dec. 18, 2013. See § 1.81 (2012‑09‑16 thru 2013‑12‑17) for para. (a) applicable to applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012 and before Dec. 18, 2013. See § 1.81 (pre‑AIA) for para. (a) applicable to applications filed before Sept. 16, 2012.]
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