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 (5)
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.
If OPAP objects to the drawings in a patent application, the following process occurs:
- OPAP sends a Notice to the applicant requiring submission of corrected drawings.
- The Notice typically sets a time period of two months for response.
- Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
- 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.
OPAP may object to patent drawings for several reasons, including:
- Line quality issues
- Missing lead lines
- Excessive or non-English text
- Incorrect margins or paper size
- Improper figure labeling
- Illegible photographs
- 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.
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.
MPEP 507 - Drawing Review in the Office of Patent Application Processing (5)
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.
If OPAP objects to the drawings in a patent application, the following process occurs:
- OPAP sends a Notice to the applicant requiring submission of corrected drawings.
- The Notice typically sets a time period of two months for response.
- Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
- 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.
OPAP may object to patent drawings for several reasons, including:
- Line quality issues
- Missing lead lines
- Excessive or non-English text
- Incorrect margins or paper size
- Improper figure labeling
- Illegible photographs
- 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.
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.
Patent Law (10)
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.
Replacement drawings in a patent application are typically entered into the contents of the application routinely. However, the examiner will review them for several factors:
- Presence of new matter
- Necessity of the replacement sheets
- Consistency with other sheets
As stated in MPEP 608.02(h): “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 not to enter the replacement drawings, they must provide a complete and explicit reasoning for the denial. The applicant will be notified of this decision, and the previously made entries will be marked ‘not entered’.
To learn more:
If OPAP objects to the drawings in a patent application, the following process occurs:
- OPAP sends a Notice to the applicant requiring submission of corrected drawings.
- The Notice typically sets a time period of two months for response.
- Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
- 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 a patent application is missing figures mentioned in the specification, the consequences depend on the filing date and type of application. According to MPEP 608.01(f):
- For applications filed on or after December 18, 2013 (except design applications): The application will be treated as filed without all figures of drawings, as per MPEP § 601.01(g).
- For applications filed before December 18, 2013 or design applications: The application will be treated as filed without drawings, as per MPEP § 601.01(f).
It’s crucial to ensure that all figures mentioned in the specification are included in the drawings to avoid potential issues with the application.
To learn more:
Color photographs in patent applications are subject to specific requirements. According to MPEP 608.01(f):
Color photographs will be accepted in utility and design patent applications if the conditions for accepting color drawings and black and white photographs have been satisfied.
To include color photographs in a patent application, you must:
- Meet the conditions for accepting color drawings (petition, fee, and specific language in the specification)
- Satisfy the requirements for black and white photographs (only practicable medium for illustrating the invention)
- Ensure the photographs are of sufficient quality for reproduction in the printed patent
It’s important to note that color photographs are subject to the same restrictions and requirements as color drawings in patent applications.
To learn more:
According to MPEP 608.02(b), drawings are considered either acceptable or unacceptable. The Office of Patent Application Processing (OPAP) will accept drawings if they are readable and reproducible for publication purposes. Additionally, examiners review drawings for:
- Disclosure of the claimed invention
- Proper use of reference numerals
The MPEP states: Drawings will be accepted by the Office of Patent Application Processing (OPAP) if the drawings are readable and reproducible for publication purposes.
To learn more:
OPAP may object to patent drawings for several reasons, including:
- Line quality issues
- Missing lead lines
- Excessive or non-English text
- Incorrect margins or paper size
- Improper figure labeling
- Illegible photographs
- 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);
How should graphical drawings be prepared for a patent application?
Graphical drawings in patent applications must meet specific requirements to ensure clarity and reproducibility. According to MPEP 608.02:
“The graphic forms in drawings are lines, numbers, and letters. Drawings should be prepared with the proper rendition of graphic forms.”
Key guidelines for preparing graphical drawings include:
- Use solid black lines of uniform thickness
- Choose line thickness appropriate for the scale and complexity of the drawing
- Avoid shading unless necessary to show the shape of elements
- Use reference characters (numbers, letters) consistently throughout the application
- Ensure all text is legible and at least 1/8 inch (0.32 cm) in height
- Avoid crowding; leave sufficient white space between elements
The MPEP also states: “All drawings must be made by a process which will give them satisfactory reproduction characteristics.” This means the drawings should be clear, sharp, and suitable for reproduction in both paper and electronic formats.
To learn more:
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.
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.
Patent Procedure (10)
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.
Replacement drawings in a patent application are typically entered into the contents of the application routinely. However, the examiner will review them for several factors:
- Presence of new matter
- Necessity of the replacement sheets
- Consistency with other sheets
As stated in MPEP 608.02(h): “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 not to enter the replacement drawings, they must provide a complete and explicit reasoning for the denial. The applicant will be notified of this decision, and the previously made entries will be marked ‘not entered’.
To learn more:
If OPAP objects to the drawings in a patent application, the following process occurs:
- OPAP sends a Notice to the applicant requiring submission of corrected drawings.
- The Notice typically sets a time period of two months for response.
- Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
- 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 a patent application is missing figures mentioned in the specification, the consequences depend on the filing date and type of application. According to MPEP 608.01(f):
- For applications filed on or after December 18, 2013 (except design applications): The application will be treated as filed without all figures of drawings, as per MPEP § 601.01(g).
- For applications filed before December 18, 2013 or design applications: The application will be treated as filed without drawings, as per MPEP § 601.01(f).
It’s crucial to ensure that all figures mentioned in the specification are included in the drawings to avoid potential issues with the application.
To learn more:
Color photographs in patent applications are subject to specific requirements. According to MPEP 608.01(f):
Color photographs will be accepted in utility and design patent applications if the conditions for accepting color drawings and black and white photographs have been satisfied.
To include color photographs in a patent application, you must:
- Meet the conditions for accepting color drawings (petition, fee, and specific language in the specification)
- Satisfy the requirements for black and white photographs (only practicable medium for illustrating the invention)
- Ensure the photographs are of sufficient quality for reproduction in the printed patent
It’s important to note that color photographs are subject to the same restrictions and requirements as color drawings in patent applications.
To learn more:
According to MPEP 608.02(b), drawings are considered either acceptable or unacceptable. The Office of Patent Application Processing (OPAP) will accept drawings if they are readable and reproducible for publication purposes. Additionally, examiners review drawings for:
- Disclosure of the claimed invention
- Proper use of reference numerals
The MPEP states: Drawings will be accepted by the Office of Patent Application Processing (OPAP) if the drawings are readable and reproducible for publication purposes.
To learn more:
OPAP may object to patent drawings for several reasons, including:
- Line quality issues
- Missing lead lines
- Excessive or non-English text
- Incorrect margins or paper size
- Improper figure labeling
- Illegible photographs
- 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);
How should graphical drawings be prepared for a patent application?
Graphical drawings in patent applications must meet specific requirements to ensure clarity and reproducibility. According to MPEP 608.02:
“The graphic forms in drawings are lines, numbers, and letters. Drawings should be prepared with the proper rendition of graphic forms.”
Key guidelines for preparing graphical drawings include:
- Use solid black lines of uniform thickness
- Choose line thickness appropriate for the scale and complexity of the drawing
- Avoid shading unless necessary to show the shape of elements
- Use reference characters (numbers, letters) consistently throughout the application
- Ensure all text is legible and at least 1/8 inch (0.32 cm) in height
- Avoid crowding; leave sufficient white space between elements
The MPEP also states: “All drawings must be made by a process which will give them satisfactory reproduction characteristics.” This means the drawings should be clear, sharp, and suitable for reproduction in both paper and electronic formats.
To learn more:
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.
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.