Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

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Patent Law (2)

When referencing figures in the Brief Description of Drawings section of a patent application, you should:

  • Refer to each figure by its number (e.g., Figure 1, Figure 2)
  • Provide a brief explanation of what each figure represents

The MPEP 608.01(f) states:

The specification must contain or be amended to contain a brief description of the several views of the drawings.

For example:

Figure 1 is a perspective view of the invented device.

Figure 2 is a cross-sectional view of the device shown in Figure 1.

Keep the descriptions concise and avoid detailed explanations, which belong in the Detailed Description section.

To learn more:

To learn more:

According to 35 U.S.C. 113, drawings are required ‘where necessary for the understanding of the subject matter sought to be patented.’ Specifically:

  • For applications filed on or after December 18, 2013 (except design applications), drawings are not required to receive a filing date, but may still be necessary to fully disclose the invention.
  • For applications filed before December 18, 2013, drawings were required at filing if necessary for understanding the invention.
  • Design applications must include drawings to receive a filing date.

The USPTO recommends including drawings in most cases, as they help ensure the requirements of 35 U.S.C. 113 are met for any claimed invention.

To learn more:

Patent Procedure (2)

When referencing figures in the Brief Description of Drawings section of a patent application, you should:

  • Refer to each figure by its number (e.g., Figure 1, Figure 2)
  • Provide a brief explanation of what each figure represents

The MPEP 608.01(f) states:

The specification must contain or be amended to contain a brief description of the several views of the drawings.

For example:

Figure 1 is a perspective view of the invented device.

Figure 2 is a cross-sectional view of the device shown in Figure 1.

Keep the descriptions concise and avoid detailed explanations, which belong in the Detailed Description section.

To learn more:

To learn more:

According to 35 U.S.C. 113, drawings are required ‘where necessary for the understanding of the subject matter sought to be patented.’ Specifically:

  • For applications filed on or after December 18, 2013 (except design applications), drawings are not required to receive a filing date, but may still be necessary to fully disclose the invention.
  • For applications filed before December 18, 2013, drawings were required at filing if necessary for understanding the invention.
  • Design applications must include drawings to receive a filing date.

The USPTO recommends including drawings in most cases, as they help ensure the requirements of 35 U.S.C. 113 are met for any claimed invention.

To learn more: