37 CFR § 1.85 — Corrections to drawings. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.85 Corrections to drawings.
This page consolidates MPEP guidance interpreting 37 CFR § 1.85, including 46 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 covers the identification of drawing sheets submitted after filing, requiring each sheet to be labeled as either 'Replacement Sheet' or 'New Sheet', and ensuring amendments include fully responsive corrected drawings.
What this section covers
- Defines that this section covers the identification of drawing sheets submitted after filing.
Key obligations
- States that each drawing sheet must be identified as either 'Replacement Sheet' or 'New Sheet'.
- States that amendments must include corrected drawings to be fully responsive.
Practice notes
- Advises practitioners to clearly label each sheet for easy identification by the examiner.
- Warns against submitting uncorrected drawings as they will not be considered responsive amendments.
Official MPEP § 1.85 — Corrections to drawings.
Source: USPTOLast Modified: 10/30/2024 08:50:22
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) ).
[47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; 53 FR 47810, Nov. 28, 1988, effective Jan. 1, 1989; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (a) revised, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000; para. (c) revised, 69 FR 56481, Sept. 21, 2004, effective Oct. 21, 2004; para. (c) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013; para. (c) revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
- Abandonment
- Examination Procedure
- International Design
- Ida Requirements
- Ida Contents
- Patent Application Content
- Drawings