Patent Law FAQ

OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include:

• Line quality that is too light to be reproduced
• Illegible text
• Missing lead lines
• Excessive text or non-English text
• Incorrect margins or paper size
• Improper figure labeling
• Illegible photographs that could be illustrated by ink drawings
• Color drawings or photographs without a proper petition

For example, regarding line quality, MPEP 507 states:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1)“

For more information on drawing requirements, visit: drawing requirements.

For more information on OPAP, visit: OPAP.

For more information on patent drawings, visit: patent drawings.

The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications:

• It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes.
• It notifies the examiner that the drawings may need to be corrected or replaced with formal drawings during examination.
• It provides a record in the file wrapper that the drawings have been provisionally accepted.

As stated in MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

This form helps streamline the application process by allowing examination to proceed while flagging the need for potential drawing improvements later in the process.

For more information on OPAP, visit: OPAP.

The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP:

“OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.”

This review ensures that the drawings meet the necessary quality standards for publication and reproduction.

For more information on drawing review, visit: drawing review.

For more information on OPAP, visit: OPAP.

The primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507:

The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes.

It’s important to note that design applications are not subject to this review as they are not published.

If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states:

“If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.”

It’s important to note that the corrected drawings must be submitted in paper form to the specific mailing address provided in the Notice. Applicants should ensure they meet the deadline (typically two months) to avoid potential abandonment of their application.

For more information on corrected drawings, visit: corrected drawings.

For more information on OPAP, visit: OPAP.

For more information on patent procedure, visit: patent procedure.

If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under 37 CFR 1.136(a). If corrected drawings are not timely filed, the application will be held abandoned.

If OPAP objects to the drawings in a patent application, the following process occurs:

1. OPAP sends a Notice to the applicant requiring submission of corrected drawings.
2. The Notice typically sets a time period of two months for response.
3. Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
4. No fee is required for filing the corrected drawings requested by OPAP.

MPEP 507 states:

If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.

It’s crucial to respond within the set time period to avoid potential abandonment of the application.

If drawings are not received with a patent application, the following process occurs:

• The application is assigned a filing date if it meets the minimum requirements under 37 CFR 1.53(b) or 1.53(d).
• The Office of Patent Application Processing (OPAP) will send a Notice of Omitted Items giving the applicant a time period to file the missing drawings and a petition under 37 CFR 1.182 with the petition fee to have the filing date changed to the date of such filing.
• If the applicant does not respond to the Notice of Omitted Items, the application will be processed without the drawings.

As stated in the MPEP 507: ‘If drawings are not received with the application, the application is assigned a filing date and the applicant is notified to file drawings within a set time period.’

For more information on drawings, visit: drawings.

If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.

If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s). The time period may be extended under 37 CFR 1.136(a).

If a drawing is not acceptable for publication, the Office of Patent Application Processing (OPAP) will object to the drawing and notify the applicant. The applicant will be given a time period of two months from the mail date of the Notice to file acceptable drawings. This period is extendable under 37 CFR 1.136(a) or (b) for patent applications filed under 35 U.S.C. 111, but not for design applications filed under 35 U.S.C. 171. Failure to comply with the Notice within the time period will result in abandonment of the application.

MPEP 507 outlines specific requirements for margins and paper size in patent drawings:

Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);

These requirements are based on 37 CFR 1.84(f) and (g). Adhering to these specifications ensures that the drawings can be properly scanned and reproduced in the patent publication process.

What are the consequences of submitting color drawings in a utility patent application?

Submitting color drawings in a utility patent application has specific consequences and requirements:

• Color drawings are not ordinarily permitted in utility patent applications.
• As stated in MPEP 507: “Color drawings are permitted in design applications. For utility patent applications, color drawings are not permitted without a grantable petition.”
• If color drawings are submitted without an approved petition, OPAP will send a Notice to File Corrected Application Papers.
• The applicant must either:
• Replace the color drawings with black and white drawings, or
• File a grantable petition under 37 CFR 1.84(a)(2) to accept the color drawings.
• The petition must explain why color drawings are necessary and be accompanied by the fee set forth in 37 CFR 1.17(h).

It’s important to consider whether color drawings are truly necessary for your utility patent application, as they require additional steps and fees in the application process.

For more information on application papers, visit: application papers.

For more information on color drawings, visit: color drawings.

OPAP may object to patent drawings for several reasons, including:

1. Line quality issues
2. Missing lead lines
3. Excessive or non-English text
4. Incorrect margins or paper size
5. Improper figure labeling
6. Illegible photographs
7. Unauthorized color drawings or photographs

For example, regarding line quality, MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1);

According to MPEP 507, figures in patent drawings should be labeled as follows:

Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);

This labeling convention ensures clarity and consistency in referencing figures throughout the patent application and publication. Improper labeling may result in an objection from OPAP and require correction.

The USPTO handles informal drawings in patent applications as follows:

• If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally.
• The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes.
• Formal drawings will be required if the application is allowed.

According to MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

The examiner may require formal drawings or corrections in a subsequent office action if necessary for a proper examination or if the application is allowed.

For more information on drawing review, visit: drawing review.

For more information on informal drawings, visit: informal drawings.

For more information on OPAP, visit: OPAP.

When an application is filed with informal drawings, the Office of Patent Application Processing (OPAP) will review the drawings to determine if they can be used for publication purposes. If the drawings are not acceptable for publication purposes, OPAP will object to the drawings and require corrected drawings within a set time period, usually two months. This objection does not affect the filing date of the application, and applicants can correct the drawings later in the examination process if needed.

Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.

Photographs can be included in patent applications, but there are specific requirements and limitations. According to MPEP 507:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (F) include photographs of the claimed invention which are capable of illustration by other medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b)“

This means that while photographs are acceptable, they should only be used when the subject matter cannot be accurately depicted in a drawing. Additionally, the photographs must be of sufficient quality to be legible after scanning. If a photograph can be replaced by a clear ink drawing, the USPTO may require such a replacement.

For more information on drawing requirements, visit: drawing requirements.

For more information on patent drawings, visit: patent drawings.

Color drawings or photographs are generally not allowed in patent applications without special permission. MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: … (G) contain color drawings or color photographs, but not a petition to accept color drawings/photographs.

If an applicant wishes to include color drawings or photographs, they must file a petition to accept them. It’s important to note that the requirement for a black and white photocopy of color drawings/photographs has been eliminated. Applicants should be prepared to justify the need for color in their drawings or photographs when filing such a petition.

OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include:

• Line quality that is too light to be reproduced
• Illegible text
• Missing lead lines
• Excessive text or non-English text
• Incorrect margins or paper size
• Improper figure labeling
• Illegible photographs that could be illustrated by ink drawings
• Color drawings or photographs without a proper petition

For example, regarding line quality, MPEP 507 states:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1)“

For more information on drawing requirements, visit: drawing requirements.

For more information on OPAP, visit: OPAP.

For more information on patent drawings, visit: patent drawings.

The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications:

• It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes.
• It notifies the examiner that the drawings may need to be corrected or replaced with formal drawings during examination.
• It provides a record in the file wrapper that the drawings have been provisionally accepted.

As stated in MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

This form helps streamline the application process by allowing examination to proceed while flagging the need for potential drawing improvements later in the process.

For more information on OPAP, visit: OPAP.

The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP:

“OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.”

This review ensures that the drawings meet the necessary quality standards for publication and reproduction.

For more information on drawing review, visit: drawing review.

For more information on OPAP, visit: OPAP.

The primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507:

The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes.

It’s important to note that design applications are not subject to this review as they are not published.

If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states:

“If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.”

It’s important to note that the corrected drawings must be submitted in paper form to the specific mailing address provided in the Notice. Applicants should ensure they meet the deadline (typically two months) to avoid potential abandonment of their application.

For more information on corrected drawings, visit: corrected drawings.

For more information on OPAP, visit: OPAP.

For more information on patent procedure, visit: patent procedure.

If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under 37 CFR 1.136(a). If corrected drawings are not timely filed, the application will be held abandoned.

If OPAP objects to the drawings in a patent application, the following process occurs:

1. OPAP sends a Notice to the applicant requiring submission of corrected drawings.
2. The Notice typically sets a time period of two months for response.
3. Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
4. No fee is required for filing the corrected drawings requested by OPAP.

MPEP 507 states:

If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.

It’s crucial to respond within the set time period to avoid potential abandonment of the application.

If drawings are not received with a patent application, the following process occurs:

• The application is assigned a filing date if it meets the minimum requirements under 37 CFR 1.53(b) or 1.53(d).
• The Office of Patent Application Processing (OPAP) will send a Notice of Omitted Items giving the applicant a time period to file the missing drawings and a petition under 37 CFR 1.182 with the petition fee to have the filing date changed to the date of such filing.
• If the applicant does not respond to the Notice of Omitted Items, the application will be processed without the drawings.

As stated in the MPEP 507: ‘If drawings are not received with the application, the application is assigned a filing date and the applicant is notified to file drawings within a set time period.’

For more information on drawings, visit: drawings.

If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.

If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s). The time period may be extended under 37 CFR 1.136(a).

If a drawing is not acceptable for publication, the Office of Patent Application Processing (OPAP) will object to the drawing and notify the applicant. The applicant will be given a time period of two months from the mail date of the Notice to file acceptable drawings. This period is extendable under 37 CFR 1.136(a) or (b) for patent applications filed under 35 U.S.C. 111, but not for design applications filed under 35 U.S.C. 171. Failure to comply with the Notice within the time period will result in abandonment of the application.

MPEP 507 outlines specific requirements for margins and paper size in patent drawings:

Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);

These requirements are based on 37 CFR 1.84(f) and (g). Adhering to these specifications ensures that the drawings can be properly scanned and reproduced in the patent publication process.

What are the consequences of submitting color drawings in a utility patent application?

Submitting color drawings in a utility patent application has specific consequences and requirements:

• Color drawings are not ordinarily permitted in utility patent applications.
• As stated in MPEP 507: “Color drawings are permitted in design applications. For utility patent applications, color drawings are not permitted without a grantable petition.”
• If color drawings are submitted without an approved petition, OPAP will send a Notice to File Corrected Application Papers.
• The applicant must either:
• Replace the color drawings with black and white drawings, or
• File a grantable petition under 37 CFR 1.84(a)(2) to accept the color drawings.
• The petition must explain why color drawings are necessary and be accompanied by the fee set forth in 37 CFR 1.17(h).

It’s important to consider whether color drawings are truly necessary for your utility patent application, as they require additional steps and fees in the application process.

For more information on application papers, visit: application papers.

For more information on color drawings, visit: color drawings.

OPAP may object to patent drawings for several reasons, including:

1. Line quality issues
2. Missing lead lines
3. Excessive or non-English text
4. Incorrect margins or paper size
5. Improper figure labeling
6. Illegible photographs
7. Unauthorized color drawings or photographs

For example, regarding line quality, MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1);

According to MPEP 507, figures in patent drawings should be labeled as follows:

Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);

This labeling convention ensures clarity and consistency in referencing figures throughout the patent application and publication. Improper labeling may result in an objection from OPAP and require correction.

The USPTO handles informal drawings in patent applications as follows:

• If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally.
• The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes.
• Formal drawings will be required if the application is allowed.

According to MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

The examiner may require formal drawings or corrections in a subsequent office action if necessary for a proper examination or if the application is allowed.

For more information on drawing review, visit: drawing review.

For more information on informal drawings, visit: informal drawings.

For more information on OPAP, visit: OPAP.

When an application is filed with informal drawings, the Office of Patent Application Processing (OPAP) will review the drawings to determine if they can be used for publication purposes. If the drawings are not acceptable for publication purposes, OPAP will object to the drawings and require corrected drawings within a set time period, usually two months. This objection does not affect the filing date of the application, and applicants can correct the drawings later in the examination process if needed.

Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.

Photographs can be included in patent applications, but there are specific requirements and limitations. According to MPEP 507:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (F) include photographs of the claimed invention which are capable of illustration by other medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b)“

This means that while photographs are acceptable, they should only be used when the subject matter cannot be accurately depicted in a drawing. Additionally, the photographs must be of sufficient quality to be legible after scanning. If a photograph can be replaced by a clear ink drawing, the USPTO may require such a replacement.

For more information on drawing requirements, visit: drawing requirements.

For more information on patent drawings, visit: patent drawings.

Color drawings or photographs are generally not allowed in patent applications without special permission. MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: … (G) contain color drawings or color photographs, but not a petition to accept color drawings/photographs.

If an applicant wishes to include color drawings or photographs, they must file a petition to accept them. It’s important to note that the requirement for a black and white photocopy of color drawings/photographs has been eliminated. Applicants should be prepared to justify the need for color in their drawings or photographs when filing such a petition.

OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include:

• Line quality that is too light to be reproduced
• Illegible text
• Missing lead lines
• Excessive text or non-English text
• Incorrect margins or paper size
• Improper figure labeling
• Illegible photographs that could be illustrated by ink drawings
• Color drawings or photographs without a proper petition

For example, regarding line quality, MPEP 507 states:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1)“

For more information on drawing requirements, visit: drawing requirements.

For more information on OPAP, visit: OPAP.

For more information on patent drawings, visit: patent drawings.

The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications:

• It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes.
• It notifies the examiner that the drawings may need to be corrected or replaced with formal drawings during examination.
• It provides a record in the file wrapper that the drawings have been provisionally accepted.

As stated in MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

This form helps streamline the application process by allowing examination to proceed while flagging the need for potential drawing improvements later in the process.

For more information on OPAP, visit: OPAP.

The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP:

“OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.”

This review ensures that the drawings meet the necessary quality standards for publication and reproduction.

For more information on drawing review, visit: drawing review.

For more information on OPAP, visit: OPAP.

The primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507:

The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes.

It’s important to note that design applications are not subject to this review as they are not published.

If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states:

“If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.”

It’s important to note that the corrected drawings must be submitted in paper form to the specific mailing address provided in the Notice. Applicants should ensure they meet the deadline (typically two months) to avoid potential abandonment of their application.

For more information on corrected drawings, visit: corrected drawings.

For more information on OPAP, visit: OPAP.

For more information on patent procedure, visit: patent procedure.

If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under 37 CFR 1.136(a). If corrected drawings are not timely filed, the application will be held abandoned.

If OPAP objects to the drawings in a patent application, the following process occurs:

1. OPAP sends a Notice to the applicant requiring submission of corrected drawings.
2. The Notice typically sets a time period of two months for response.
3. Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
4. No fee is required for filing the corrected drawings requested by OPAP.

MPEP 507 states:

If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.

It’s crucial to respond within the set time period to avoid potential abandonment of the application.

If drawings are not received with a patent application, the following process occurs:

• The application is assigned a filing date if it meets the minimum requirements under 37 CFR 1.53(b) or 1.53(d).
• The Office of Patent Application Processing (OPAP) will send a Notice of Omitted Items giving the applicant a time period to file the missing drawings and a petition under 37 CFR 1.182 with the petition fee to have the filing date changed to the date of such filing.
• If the applicant does not respond to the Notice of Omitted Items, the application will be processed without the drawings.

As stated in the MPEP 507: ‘If drawings are not received with the application, the application is assigned a filing date and the applicant is notified to file drawings within a set time period.’

For more information on drawings, visit: drawings.

If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.

If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s). The time period may be extended under 37 CFR 1.136(a).

If a drawing is not acceptable for publication, the Office of Patent Application Processing (OPAP) will object to the drawing and notify the applicant. The applicant will be given a time period of two months from the mail date of the Notice to file acceptable drawings. This period is extendable under 37 CFR 1.136(a) or (b) for patent applications filed under 35 U.S.C. 111, but not for design applications filed under 35 U.S.C. 171. Failure to comply with the Notice within the time period will result in abandonment of the application.

MPEP 507 outlines specific requirements for margins and paper size in patent drawings:

Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);

These requirements are based on 37 CFR 1.84(f) and (g). Adhering to these specifications ensures that the drawings can be properly scanned and reproduced in the patent publication process.

What are the consequences of submitting color drawings in a utility patent application?

Submitting color drawings in a utility patent application has specific consequences and requirements:

• Color drawings are not ordinarily permitted in utility patent applications.
• As stated in MPEP 507: “Color drawings are permitted in design applications. For utility patent applications, color drawings are not permitted without a grantable petition.”
• If color drawings are submitted without an approved petition, OPAP will send a Notice to File Corrected Application Papers.
• The applicant must either:
• Replace the color drawings with black and white drawings, or
• File a grantable petition under 37 CFR 1.84(a)(2) to accept the color drawings.
• The petition must explain why color drawings are necessary and be accompanied by the fee set forth in 37 CFR 1.17(h).

It’s important to consider whether color drawings are truly necessary for your utility patent application, as they require additional steps and fees in the application process.

For more information on application papers, visit: application papers.

For more information on color drawings, visit: color drawings.

OPAP may object to patent drawings for several reasons, including:

1. Line quality issues
2. Missing lead lines
3. Excessive or non-English text
4. Incorrect margins or paper size
5. Improper figure labeling
6. Illegible photographs
7. Unauthorized color drawings or photographs

For example, regarding line quality, MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1);

According to MPEP 507, figures in patent drawings should be labeled as follows:

Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);

This labeling convention ensures clarity and consistency in referencing figures throughout the patent application and publication. Improper labeling may result in an objection from OPAP and require correction.

The USPTO handles informal drawings in patent applications as follows:

• If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally.
• The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes.
• Formal drawings will be required if the application is allowed.

According to MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

The examiner may require formal drawings or corrections in a subsequent office action if necessary for a proper examination or if the application is allowed.

For more information on drawing review, visit: drawing review.

For more information on informal drawings, visit: informal drawings.

For more information on OPAP, visit: OPAP.

When an application is filed with informal drawings, the Office of Patent Application Processing (OPAP) will review the drawings to determine if they can be used for publication purposes. If the drawings are not acceptable for publication purposes, OPAP will object to the drawings and require corrected drawings within a set time period, usually two months. This objection does not affect the filing date of the application, and applicants can correct the drawings later in the examination process if needed.

Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.

Photographs can be included in patent applications, but there are specific requirements and limitations. According to MPEP 507:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (F) include photographs of the claimed invention which are capable of illustration by other medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b)“

This means that while photographs are acceptable, they should only be used when the subject matter cannot be accurately depicted in a drawing. Additionally, the photographs must be of sufficient quality to be legible after scanning. If a photograph can be replaced by a clear ink drawing, the USPTO may require such a replacement.

For more information on drawing requirements, visit: drawing requirements.

For more information on patent drawings, visit: patent drawings.

Color drawings or photographs are generally not allowed in patent applications without special permission. MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: … (G) contain color drawings or color photographs, but not a petition to accept color drawings/photographs.

If an applicant wishes to include color drawings or photographs, they must file a petition to accept them. It’s important to note that the requirement for a black and white photocopy of color drawings/photographs has been eliminated. Applicants should be prepared to justify the need for color in their drawings or photographs when filing such a petition.

OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include:

• Line quality that is too light to be reproduced
• Illegible text
• Missing lead lines
• Excessive text or non-English text
• Incorrect margins or paper size
• Improper figure labeling
• Illegible photographs that could be illustrated by ink drawings
• Color drawings or photographs without a proper petition

For example, regarding line quality, MPEP 507 states:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1)“

For more information on drawing requirements, visit: drawing requirements.

For more information on OPAP, visit: OPAP.

For more information on patent drawings, visit: patent drawings.

The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications:

• It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes.
• It notifies the examiner that the drawings may need to be corrected or replaced with formal drawings during examination.
• It provides a record in the file wrapper that the drawings have been provisionally accepted.

As stated in MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

This form helps streamline the application process by allowing examination to proceed while flagging the need for potential drawing improvements later in the process.

For more information on OPAP, visit: OPAP.

The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP:

“OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.”

This review ensures that the drawings meet the necessary quality standards for publication and reproduction.

For more information on drawing review, visit: drawing review.

For more information on OPAP, visit: OPAP.

The primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507:

The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes.

It’s important to note that design applications are not subject to this review as they are not published.

If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states:

“If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.”

It’s important to note that the corrected drawings must be submitted in paper form to the specific mailing address provided in the Notice. Applicants should ensure they meet the deadline (typically two months) to avoid potential abandonment of their application.

For more information on corrected drawings, visit: corrected drawings.

For more information on OPAP, visit: OPAP.

For more information on patent procedure, visit: patent procedure.

If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under 37 CFR 1.136(a). If corrected drawings are not timely filed, the application will be held abandoned.

If OPAP objects to the drawings in a patent application, the following process occurs:

1. OPAP sends a Notice to the applicant requiring submission of corrected drawings.
2. The Notice typically sets a time period of two months for response.
3. Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
4. No fee is required for filing the corrected drawings requested by OPAP.

MPEP 507 states:

If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.

It’s crucial to respond within the set time period to avoid potential abandonment of the application.

If drawings are not received with a patent application, the following process occurs:

• The application is assigned a filing date if it meets the minimum requirements under 37 CFR 1.53(b) or 1.53(d).
• The Office of Patent Application Processing (OPAP) will send a Notice of Omitted Items giving the applicant a time period to file the missing drawings and a petition under 37 CFR 1.182 with the petition fee to have the filing date changed to the date of such filing.
• If the applicant does not respond to the Notice of Omitted Items, the application will be processed without the drawings.

As stated in the MPEP 507: ‘If drawings are not received with the application, the application is assigned a filing date and the applicant is notified to file drawings within a set time period.’

For more information on drawings, visit: drawings.

If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.

If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s). The time period may be extended under 37 CFR 1.136(a).

If a drawing is not acceptable for publication, the Office of Patent Application Processing (OPAP) will object to the drawing and notify the applicant. The applicant will be given a time period of two months from the mail date of the Notice to file acceptable drawings. This period is extendable under 37 CFR 1.136(a) or (b) for patent applications filed under 35 U.S.C. 111, but not for design applications filed under 35 U.S.C. 171. Failure to comply with the Notice within the time period will result in abandonment of the application.

MPEP 507 outlines specific requirements for margins and paper size in patent drawings:

Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);

These requirements are based on 37 CFR 1.84(f) and (g). Adhering to these specifications ensures that the drawings can be properly scanned and reproduced in the patent publication process.

What are the consequences of submitting color drawings in a utility patent application?

Submitting color drawings in a utility patent application has specific consequences and requirements:

• Color drawings are not ordinarily permitted in utility patent applications.
• As stated in MPEP 507: “Color drawings are permitted in design applications. For utility patent applications, color drawings are not permitted without a grantable petition.”
• If color drawings are submitted without an approved petition, OPAP will send a Notice to File Corrected Application Papers.
• The applicant must either:
• Replace the color drawings with black and white drawings, or
• File a grantable petition under 37 CFR 1.84(a)(2) to accept the color drawings.
• The petition must explain why color drawings are necessary and be accompanied by the fee set forth in 37 CFR 1.17(h).

It’s important to consider whether color drawings are truly necessary for your utility patent application, as they require additional steps and fees in the application process.

For more information on application papers, visit: application papers.

For more information on color drawings, visit: color drawings.

OPAP may object to patent drawings for several reasons, including:

1. Line quality issues
2. Missing lead lines
3. Excessive or non-English text
4. Incorrect margins or paper size
5. Improper figure labeling
6. Illegible photographs
7. Unauthorized color drawings or photographs

For example, regarding line quality, MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1);

According to MPEP 507, figures in patent drawings should be labeled as follows:

Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);

This labeling convention ensures clarity and consistency in referencing figures throughout the patent application and publication. Improper labeling may result in an objection from OPAP and require correction.

The USPTO handles informal drawings in patent applications as follows:

• If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally.
• The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes.
• Formal drawings will be required if the application is allowed.

According to MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

The examiner may require formal drawings or corrections in a subsequent office action if necessary for a proper examination or if the application is allowed.

For more information on drawing review, visit: drawing review.

For more information on informal drawings, visit: informal drawings.

For more information on OPAP, visit: OPAP.

When an application is filed with informal drawings, the Office of Patent Application Processing (OPAP) will review the drawings to determine if they can be used for publication purposes. If the drawings are not acceptable for publication purposes, OPAP will object to the drawings and require corrected drawings within a set time period, usually two months. This objection does not affect the filing date of the application, and applicants can correct the drawings later in the examination process if needed.

Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.

Photographs can be included in patent applications, but there are specific requirements and limitations. According to MPEP 507:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (F) include photographs of the claimed invention which are capable of illustration by other medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b)“

This means that while photographs are acceptable, they should only be used when the subject matter cannot be accurately depicted in a drawing. Additionally, the photographs must be of sufficient quality to be legible after scanning. If a photograph can be replaced by a clear ink drawing, the USPTO may require such a replacement.

For more information on drawing requirements, visit: drawing requirements.

For more information on patent drawings, visit: patent drawings.

Color drawings or photographs are generally not allowed in patent applications without special permission. MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: … (G) contain color drawings or color photographs, but not a petition to accept color drawings/photographs.

If an applicant wishes to include color drawings or photographs, they must file a petition to accept them. It’s important to note that the requirement for a black and white photocopy of color drawings/photographs has been eliminated. Applicants should be prepared to justify the need for color in their drawings or photographs when filing such a petition.