Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 500 - Receipt and Handling of Mail and Papers (1)
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.
MPEP 507 - Drawing Review in the Office of Patent Application Processing (1)
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.
Patent Law (16)
No, the USPTO does not return annotated sheets submitted for patent drawing corrections. According to MPEP 608.02(v), “Annotated sheets filed by an applicant and used for correction of the drawing will not be returned.” This policy ensures that the USPTO maintains a complete record of all proposed changes to the patent drawings throughout the examination process.
To learn more:
According to MPEP 608.02(x), drawing corrections or changes are generally accepted at the time they are presented, unless the applicant is notified otherwise by the examiner in the subsequent Office action. The MPEP states:
“Drawing corrections or changes will be entered at the time they are presented, unless applicant is notified to the contrary by the examiner in the action following the amended drawing submission.”
This means that applicants can typically assume their drawing corrections have been accepted unless they receive specific notification stating otherwise.
To learn more:
To learn more:
What types of numeral changes can be made to patent drawings without applicant’s annotated sheets?
According to MPEP 608.02(w), there are two types of numeral changes that can be made to patent drawings without requiring annotated sheets from the applicant:
- Changing one or two numerals or figure ordinals
- Changing Roman Numerals to Arabic Numerals to agree with the specification
The MPEP states:
As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: (B) Changing one or two numerals or figure ordinals. … (E) Changing Roman Numerals to Arabic Numerals to agree with specification.
These provisions allow for minor numerical corrections or adjustments to ensure consistency between the drawings and the specification without necessitating a formal submission from the applicant.
To learn more:
If an applicant’s drawing corrections are rejected, they should carefully review the examiner’s comments in the Office action. According to MPEP 608.02(x):
“The applicant will be notified and informed of any required corrective action in the next Office action.”
Applicants should:
- Carefully read the examiner’s explanation for the rejection
- Address all issues raised by the examiner
- Ensure new submissions don’t introduce new matter
- Include all necessary corrections
- Consider consulting with a patent attorney or agent if the issues are complex
After addressing the examiner’s concerns, applicants can submit new drawing corrections for review in their response to the Office action.
To learn more:
To learn more:
If the submitted drawing corrections or changes are not accepted, the examiner will notify the applicant in the next Office action. The MPEP 608.02(x) specifies:
“Where the corrected or changed drawing is not accepted, for example, because the submitted corrections or changes are erroneous, or involve new matter or do not include all necessary corrections, the applicant will be notified and informed of any required corrective action in the next Office action.”
The examiner is required to provide a clear explanation of why the corrections were not approved and what actions the applicant needs to take to address the issues.
To learn more:
To learn more:
If patent drawings do not comply with the requirements set forth in MPEP 608.02(d), the following process occurs:
- The examiner will require additional illustration
- A notice will be sent to the applicant
- The applicant will have at least two months from the date of the notice to submit corrected drawings
- Corrections must comply with 37 CFR 1.81(d)
According to the MPEP: Where the drawings in a nonprovisional application do not comply with the requirements of paragraphs (a) and (b) of this section, the examiner shall require such additional illustration within a time period of not less than two months from the date of the sending of a notice thereof.
This process ensures that all necessary details are properly illustrated before the application can proceed.
To learn more:
Drawing corrections in a patent application must comply with 37 CFR 1.121(d). Key requirements include:
- Submitting replacement sheets that include all figures from the previous version, even if only one figure is amended
- Labeling new sheets as ‘New Sheet’ and replacement sheets as ‘Replacement Sheet’ in the top margin
- Explaining all changes in detail in the drawing amendment or remarks section
- Including a marked-up copy of any amended drawing figure, labeled as ‘Annotated Sheet’, when required by the examiner
Applicants should note that the USPTO does not make drawing changes. It is the applicant’s responsibility to ensure drawings are corrected according to the provided instructions.
To learn more:
Correcting or adding drawings after a patent application is filed is addressed in MPEP 608.02, subsection II. The key points are:
- Drawings can be corrected, revised, or added if no new matter is introduced.
- The applicant must submit a proposed drawing correction in reply to the Office action.
- For non-provisional applications, replacement sheets of corrected drawings must be submitted.
- For provisional applications, corrected drawings may be submitted as an amendment to the application.
The MPEP states: ‘Where a drawing is to be amended, applicant must submit a replacement sheet of drawings which complies with 37 CFR 1.84 and includes all of the figures appearing on the original version of the sheet, even if only one figure is being amended.’ This ensures that the entire drawing set remains consistent and complete.
To learn more:
The examiner’s responsibilities regarding drawing corrections in patent applications include:
- Determining if the drawings are complete and consistent with the specification and claims
- Informing the applicant of any drawing corrections required
- Providing reasons for any objections or rejections related to the drawings
As stated in MPEP 608.02(e): ‘The examiner should see to it that the drawings are correct, complete, and consistent with the specification and claims.’ This means the examiner must carefully review the drawings and ensure they accurately represent the invention described in the application.
To learn more:
While the MPEP 608.02(x) doesn’t provide an exhaustive list, it does mention several common reasons why drawing corrections might be rejected:
- Erroneous corrections: The submitted changes contain errors or inaccuracies.
- New matter: The corrections introduce new subject matter not supported by the original disclosure.
- Incomplete corrections: The submission doesn’t include all necessary corrections identified by the examiner.
The MPEP states:
“Where the corrected or changed drawing is not accepted, for example, because the submitted corrections or changes are erroneous, or involve new matter or do not include all necessary corrections, the applicant will be notified and informed of any required corrective action in the next Office action.”
Applicants should carefully review their drawing corrections to ensure they address all issues raised by the examiner and don’t introduce new problems.
To learn more:
To learn more:
Examiners are required to provide clear and explicit reasons for not approving drawing corrections in their next communication to the applicant. The MPEP 608.02(x) instructs:
“The examiner should explicitly and clearly set forth all the reasons for not approving the corrections to the drawings in the next communication to the applicant.”
This ensures that applicants understand exactly why their drawing corrections were not accepted and what they need to do to address the issues. The MPEP also refers examiners to MPEP ยง 608.02(p) for suggested form paragraphs to use when notifying applicants of drawing correction issues.
To learn more:
To learn more:
When patent drawings are found to be unacceptable, the USPTO notifies applicants through the following process:
- The examiner advises the applicant in the first Office action about why the drawings are unacceptable.
- The examiner may use specific form paragraphs to explain the defects in the drawings.
- Applicants are informed that new corrected drawings are required.
The MPEP 608.02(b) states: If the original drawings are unacceptable, applicant will be notified and informed of what the objections are and that new corrected drawings are required.
It’s important to address these issues promptly to avoid delays in the patent application process.
To learn more:
No, the USPTO does not release drawings for correction. According to MPEP 608.02(b), which cites 37 CFR 1.85(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.
This means that applicants must submit new, corrected drawings rather than requesting the original drawings for modification. It’s the applicant’s responsibility to prepare and submit corrected drawings that meet the USPTO’s requirements.
To learn more:
Yes, removing superfluous matter from patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. MPEP 608.02(w) states:
As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (C) Removing superfluous matter.
This provision allows examiners to suggest the removal of unnecessary elements from the drawings, helping to improve clarity and focus on the essential aspects of the invention without requiring a formal submission of annotated sheets by the applicant.
To learn more:
Yes, correcting misspelled legends in patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. According to MPEP 608.02(w):
As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (H) Correcting misspelled legends.
This provision allows for the correction of minor typographical errors in drawing legends, improving the accuracy of the patent application without the need for a formal submission of annotated sheets by the applicant.
To learn more:
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.
Patent Procedure (16)
No, the USPTO does not return annotated sheets submitted for patent drawing corrections. According to MPEP 608.02(v), “Annotated sheets filed by an applicant and used for correction of the drawing will not be returned.” This policy ensures that the USPTO maintains a complete record of all proposed changes to the patent drawings throughout the examination process.
To learn more:
According to MPEP 608.02(x), drawing corrections or changes are generally accepted at the time they are presented, unless the applicant is notified otherwise by the examiner in the subsequent Office action. The MPEP states:
“Drawing corrections or changes will be entered at the time they are presented, unless applicant is notified to the contrary by the examiner in the action following the amended drawing submission.”
This means that applicants can typically assume their drawing corrections have been accepted unless they receive specific notification stating otherwise.
To learn more:
To learn more:
What types of numeral changes can be made to patent drawings without applicant’s annotated sheets?
According to MPEP 608.02(w), there are two types of numeral changes that can be made to patent drawings without requiring annotated sheets from the applicant:
- Changing one or two numerals or figure ordinals
- Changing Roman Numerals to Arabic Numerals to agree with the specification
The MPEP states:
As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: (B) Changing one or two numerals or figure ordinals. … (E) Changing Roman Numerals to Arabic Numerals to agree with specification.
These provisions allow for minor numerical corrections or adjustments to ensure consistency between the drawings and the specification without necessitating a formal submission from the applicant.
To learn more:
If an applicant’s drawing corrections are rejected, they should carefully review the examiner’s comments in the Office action. According to MPEP 608.02(x):
“The applicant will be notified and informed of any required corrective action in the next Office action.”
Applicants should:
- Carefully read the examiner’s explanation for the rejection
- Address all issues raised by the examiner
- Ensure new submissions don’t introduce new matter
- Include all necessary corrections
- Consider consulting with a patent attorney or agent if the issues are complex
After addressing the examiner’s concerns, applicants can submit new drawing corrections for review in their response to the Office action.
To learn more:
To learn more:
If the submitted drawing corrections or changes are not accepted, the examiner will notify the applicant in the next Office action. The MPEP 608.02(x) specifies:
“Where the corrected or changed drawing is not accepted, for example, because the submitted corrections or changes are erroneous, or involve new matter or do not include all necessary corrections, the applicant will be notified and informed of any required corrective action in the next Office action.”
The examiner is required to provide a clear explanation of why the corrections were not approved and what actions the applicant needs to take to address the issues.
To learn more:
To learn more:
If patent drawings do not comply with the requirements set forth in MPEP 608.02(d), the following process occurs:
- The examiner will require additional illustration
- A notice will be sent to the applicant
- The applicant will have at least two months from the date of the notice to submit corrected drawings
- Corrections must comply with 37 CFR 1.81(d)
According to the MPEP: Where the drawings in a nonprovisional application do not comply with the requirements of paragraphs (a) and (b) of this section, the examiner shall require such additional illustration within a time period of not less than two months from the date of the sending of a notice thereof.
This process ensures that all necessary details are properly illustrated before the application can proceed.
To learn more:
Drawing corrections in a patent application must comply with 37 CFR 1.121(d). Key requirements include:
- Submitting replacement sheets that include all figures from the previous version, even if only one figure is amended
- Labeling new sheets as ‘New Sheet’ and replacement sheets as ‘Replacement Sheet’ in the top margin
- Explaining all changes in detail in the drawing amendment or remarks section
- Including a marked-up copy of any amended drawing figure, labeled as ‘Annotated Sheet’, when required by the examiner
Applicants should note that the USPTO does not make drawing changes. It is the applicant’s responsibility to ensure drawings are corrected according to the provided instructions.
To learn more:
Correcting or adding drawings after a patent application is filed is addressed in MPEP 608.02, subsection II. The key points are:
- Drawings can be corrected, revised, or added if no new matter is introduced.
- The applicant must submit a proposed drawing correction in reply to the Office action.
- For non-provisional applications, replacement sheets of corrected drawings must be submitted.
- For provisional applications, corrected drawings may be submitted as an amendment to the application.
The MPEP states: ‘Where a drawing is to be amended, applicant must submit a replacement sheet of drawings which complies with 37 CFR 1.84 and includes all of the figures appearing on the original version of the sheet, even if only one figure is being amended.’ This ensures that the entire drawing set remains consistent and complete.
To learn more:
The examiner’s responsibilities regarding drawing corrections in patent applications include:
- Determining if the drawings are complete and consistent with the specification and claims
- Informing the applicant of any drawing corrections required
- Providing reasons for any objections or rejections related to the drawings
As stated in MPEP 608.02(e): ‘The examiner should see to it that the drawings are correct, complete, and consistent with the specification and claims.’ This means the examiner must carefully review the drawings and ensure they accurately represent the invention described in the application.
To learn more:
While the MPEP 608.02(x) doesn’t provide an exhaustive list, it does mention several common reasons why drawing corrections might be rejected:
- Erroneous corrections: The submitted changes contain errors or inaccuracies.
- New matter: The corrections introduce new subject matter not supported by the original disclosure.
- Incomplete corrections: The submission doesn’t include all necessary corrections identified by the examiner.
The MPEP states:
“Where the corrected or changed drawing is not accepted, for example, because the submitted corrections or changes are erroneous, or involve new matter or do not include all necessary corrections, the applicant will be notified and informed of any required corrective action in the next Office action.”
Applicants should carefully review their drawing corrections to ensure they address all issues raised by the examiner and don’t introduce new problems.
To learn more:
To learn more:
Examiners are required to provide clear and explicit reasons for not approving drawing corrections in their next communication to the applicant. The MPEP 608.02(x) instructs:
“The examiner should explicitly and clearly set forth all the reasons for not approving the corrections to the drawings in the next communication to the applicant.”
This ensures that applicants understand exactly why their drawing corrections were not accepted and what they need to do to address the issues. The MPEP also refers examiners to MPEP ยง 608.02(p) for suggested form paragraphs to use when notifying applicants of drawing correction issues.
To learn more:
To learn more:
When patent drawings are found to be unacceptable, the USPTO notifies applicants through the following process:
- The examiner advises the applicant in the first Office action about why the drawings are unacceptable.
- The examiner may use specific form paragraphs to explain the defects in the drawings.
- Applicants are informed that new corrected drawings are required.
The MPEP 608.02(b) states: If the original drawings are unacceptable, applicant will be notified and informed of what the objections are and that new corrected drawings are required.
It’s important to address these issues promptly to avoid delays in the patent application process.
To learn more:
No, the USPTO does not release drawings for correction. According to MPEP 608.02(b), which cites 37 CFR 1.85(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.
This means that applicants must submit new, corrected drawings rather than requesting the original drawings for modification. It’s the applicant’s responsibility to prepare and submit corrected drawings that meet the USPTO’s requirements.
To learn more:
Yes, removing superfluous matter from patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. MPEP 608.02(w) states:
As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (C) Removing superfluous matter.
This provision allows examiners to suggest the removal of unnecessary elements from the drawings, helping to improve clarity and focus on the essential aspects of the invention without requiring a formal submission of annotated sheets by the applicant.
To learn more:
Yes, correcting misspelled legends in patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. According to MPEP 608.02(w):
As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (H) Correcting misspelled legends.
This provision allows for the correction of minor typographical errors in drawing legends, improving the accuracy of the patent application without the need for a formal submission of annotated sheets by the applicant.
To learn more:
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.