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 200 - Types and Status of Application; Benefit and Priority (2)
According to MPEP 201, a nonprovisional application for patent is the standard type of patent application. The MPEP states:
“A nonprovisional application for patent filed under 35 U.S.C. 111(a) must include a specification, including a claim or claims, drawings when necessary, an oath or declaration, and the prescribed filing fee, search fee, examination fee and application size fee.”
This type of application is examined by the USPTO and can potentially lead to the grant of a patent. It requires a detailed description of the invention, claims defining the scope of protection sought, and often includes drawings to illustrate the invention.
For more information on declaration, visit: declaration.
For more information on drawings, visit: drawings.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on oath, visit: oath.
The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:
‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’
Additionally, you must include:
- The appropriate filing fees
- An Application Data Sheet (ADS) specifying that the application is a divisional
- A proper benefit claim to the parent application
It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.
For more information on Divisional application, visit: Divisional application.
For more information on drawings, visit: drawings.
For more information on filing requirements, visit: filing requirements.
For more information on inventorship, visit: inventorship.
MPEP 201 - Types of Applications (2)
According to MPEP 201, a nonprovisional application for patent is the standard type of patent application. The MPEP states:
“A nonprovisional application for patent filed under 35 U.S.C. 111(a) must include a specification, including a claim or claims, drawings when necessary, an oath or declaration, and the prescribed filing fee, search fee, examination fee and application size fee.”
This type of application is examined by the USPTO and can potentially lead to the grant of a patent. It requires a detailed description of the invention, claims defining the scope of protection sought, and often includes drawings to illustrate the invention.
For more information on declaration, visit: declaration.
For more information on drawings, visit: drawings.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on oath, visit: oath.
The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:
‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’
Additionally, you must include:
- The appropriate filing fees
- An Application Data Sheet (ADS) specifying that the application is a divisional
- A proper benefit claim to the parent application
It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.
For more information on Divisional application, visit: Divisional application.
For more information on drawings, visit: drawings.
For more information on filing requirements, visit: filing requirements.
For more information on inventorship, visit: inventorship.
MPEP 500 - Receipt and Handling of Mail and Papers (2)
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.
A complete patent application for filing date purposes must include:
- A specification containing a description as per 37 CFR 1.71
- At least one claim (for nonprovisional design applications only) as per 37 CFR 1.75
- Any drawings required by 37 CFR 1.81(a)
As stated in the MPEP: “The filing date of the provisional or nonprovisional application is the date of receipt in the Office of the application which includes a specification containing description pursuant to 37 CFR 1.71 and at least one claim (required for nonprovisional design applications only) pursuant to 37 CFR 1.75, and any drawings required by 37 CFR 1.81(a).”
To learn more:
MPEP 507 - Drawing Review in the Office of Patent Application Processing (1)
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.
Patent Law (27)
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:
The brief description of drawings for a patent application should include:
- A reference to each figure by number (e.g., Figure 1, Figure 2)
- A brief explanation of what each figure depicts
According to MPEP 608.01(f): The specification must contain or be amended to contain a brief description of the several views of the drawings.
It’s important to note that this section should be concise and not include detailed descriptions of the drawings, which belong in the Detailed Description section.
To learn more:
To learn more:
The basis for disclosure in a patent application is outlined in MPEP 608. It states:
“Applicant may rely for disclosure upon the specification with original claims and drawings, as filed.”
This means that the original specification, claims, and drawings submitted at the time of filing form the foundation of the disclosure. Any amendments or new claims must find support within this original disclosure to avoid introducing new matter. The disclosure must provide a full and clear description of the invention as required by 35 U.S.C. 112(a).
To learn more:
‘New matter’ refers to any subject matter that is added to a patent application after its filing date, which was not present in the original specification, claims, or drawings. The MPEP states: Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing is usually new matter.
(MPEP 608.04(a))
New matter can include:
- Addition of wholly unsupported subject matter
- Adding specific percentages or compounds after a broader original disclosure
- Omission of a step from a method
It’s important to note that new matter is not allowed in patent applications, as per 35 U.S.C. 132(a), which states: No amendment shall introduce new matter into the disclosure of the invention.
To learn more:
According to MPEP 201, a nonprovisional application for patent is the standard type of patent application. The MPEP states:
“A nonprovisional application for patent filed under 35 U.S.C. 111(a) must include a specification, including a claim or claims, drawings when necessary, an oath or declaration, and the prescribed filing fee, search fee, examination fee and application size fee.”
This type of application is examined by the USPTO and can potentially lead to the grant of a patent. It requires a detailed description of the invention, claims defining the scope of protection sought, and often includes drawings to illustrate the invention.
For more information on declaration, visit: declaration.
For more information on drawings, visit: drawings.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on oath, visit: oath.
If drawings are required for a patent application but not filed with the initial submission, the following process typically occurs:
- The Office will send a Notice of Incomplete Application to the applicant.
- The applicant will have two months from the filing date (or notice mail date, whichever is later) to file the drawings and pay any required fees.
- If compliant drawings are filed within this period, the application will receive the original filing date.
- Failure to submit the required drawings within the time period may result in the application being treated as abandoned.
As stated in MPEP 601.01(f): ‘If the Office of Patent Application Processing (OPAP) determines that the application does not contain drawings, although drawings are necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, applicant will be notified that drawings are required.’
To learn more:
If drawings are omitted from a patent application, the consequences depend on whether the drawings are necessary for understanding the invention. According to MPEP 601.01(f):
“If drawings are necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, the application will be denied a filing date and the applicant will be notified that the application is incomplete.”
However, if the drawings are not necessary for understanding the invention, the application may still be given a filing date. The examiner will send a Notice of Omitted Items, giving the applicant two months to submit the missing drawings and avoid abandonment of the application.
To learn more:
To learn more:
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.
What happens if a nonprovisional application is filed without drawings but they are necessary?
If a nonprovisional application is filed without drawings, but drawings are necessary for understanding the subject matter sought to be patented, the USPTO will send a Notice of Incomplete Application. The MPEP states:
If drawings are necessary under 35 U.S.C. 113 (first sentence) and are omitted on filing, the Office will send a Notice of Incomplete Application indicating that drawings are required and setting a time period within which the applicant must submit the omitted drawings to avoid abandonment.
The applicant must then submit the required drawings within the specified time period to avoid abandonment of the application. It’s important to note that the filing date of the application will be the date on which the drawings are received by the USPTO, not the original filing date.
For more information, refer to MPEP 601.01(a).
To learn more:
A complete patent application for filing date purposes must include:
- A specification containing a description as per 37 CFR 1.71
- At least one claim (for nonprovisional design applications only) as per 37 CFR 1.75
- Any drawings required by 37 CFR 1.81(a)
As stated in the MPEP: “The filing date of the provisional or nonprovisional application is the date of receipt in the Office of the application which includes a specification containing description pursuant to 37 CFR 1.71 and at least one claim (required for nonprovisional design applications only) pursuant to 37 CFR 1.75, and any drawings required by 37 CFR 1.81(a).”
To learn more:
‘New matter’ refers to any content added to a patent application after the initial filing date that was not present in the original specification, claims, or drawings. As stated in MPEP 608.04(a):
Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing is usually new matter.
This can include adding specific percentages, compounds, or even omitting steps from a method that were present in the original disclosure.
To learn more:
Drawings are an essential part of many nonprovisional utility patent applications. According to MPEP 601, the requirements for drawings are as follows:
- Drawings must be included in the application where necessary for the understanding of the subject matter to be patented.
- The applicant must furnish a drawing where the nature of the case admits of it.
- Drawings submitted after the filing date of the application may not be used to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclosure therein.
The MPEP states: ‘Drawings submitted after the filing date of the application may not be used to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclosure therein, or to supplement the original disclosure thereof for the purpose of interpretation of the scope of any claim.’
It’s important to include all necessary drawings at the time of filing to ensure a complete and enabling disclosure of the invention.
To learn more:
To learn more:
For nonprovisional utility patent applications filed on or after December 18, 2013, the requirements to receive a filing date are:
- A specification
- With or without claims
Prior to December 18, 2013, the requirements were:
- A specification containing a description and at least one claim
- Any drawing necessary under 35 U.S.C. 113
The USPTO states: Effective for applications filed on or after December 18, 2013, 37 CFR 1.53(b) was amended to implement the changes to 35 U.S.C. 111(a) and 35 U.S.C. 171 by the Patent Law Treaties Implementation Act of 2012 (PLTIA) (Public Law 112-211). 35 U.S.C. 111(a) now provides minimal formal requirements necessary for an application to be entitled to a filing date to safeguard against the loss of a filing date due to a technicality.
To learn more:
For a design patent application to receive a filing date, it must include:
- A specification as prescribed by 35 U.S.C. 112
- At least one claim
- Any required drawings
These requirements apply to design applications regardless of filing date. The USPTO states: The filing date for a design application, except for a continued prosecution application (CPA) under 37 CFR 1.53(d), is the date on which the specification as prescribed by 35 U.S.C. 112, including at least one claim, and any required drawings are received in the Office.
It’s important to note that unlike utility applications filed on or after December 18, 2013, design applications still require at least one claim to receive a filing date.
To learn more:
What are the requirements for a complete patent application?
A complete patent application must include the following elements:
- Specification (including a description and claim(s))
- Drawing(s) (when necessary)
- Oath or declaration
- Filing, search, and examination fees
As stated in MPEP 601.01: ‘The application for patent as filed must include a specification as prescribed by 35 U.S.C. 112, at least one claim as prescribed by 35 U.S.C. 112, and, in applications other than design applications, any drawing referred to in the specification or required by 35 U.S.C. 113.’ Additionally, the applicant must submit an oath or declaration and pay the necessary fees to complete the application.
To learn more:
A complete nonprovisional patent application filed under 35 U.S.C. 111(a) comprises the following components:
- A specification, including claims, as prescribed by 35 U.S.C. 112
- Drawings as prescribed by 35 U.S.C. 113
- An oath or declaration as prescribed by 35 U.S.C. 115
- The prescribed filing fee, search fee, examination fee, and application size fee
As stated in the MPEP: “A complete application filed under 35 U.S.C. 111(a) comprises a specification, including claims, as prescribed by 35 U.S.C. 112, drawings as prescribed by 35 U.S.C. 113, an oath or declaration as prescribed by 35 U.S.C. 115, and the prescribed filing fee, search fee, examination fee and application size fee.”
To learn more:
What are the filing requirements for a provisional application?
A provisional application must include:
- A specification as prescribed by 35 U.S.C. 112(a), except claims are not required
- Any drawings necessary to understand the invention
- The inventor’s oath or declaration is not required
- The appropriate filing fee
According to MPEP 601.01(b): ‘A provisional application must include a specification as prescribed by 35 U.S.C. 112(a), except that no claims are required.’ The specification should provide a clear description of the invention to enable others skilled in the art to make and use it.
To learn more:
The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:
‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’
Additionally, you must include:
- The appropriate filing fees
- An Application Data Sheet (ADS) specifying that the application is a divisional
- A proper benefit claim to the parent application
It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.
For more information on Divisional application, visit: Divisional application.
For more information on drawings, visit: drawings.
For more information on filing requirements, visit: filing requirements.
For more information on inventorship, visit: inventorship.
The filing date requirements for provisional applications under 35 U.S.C. 111(b) are outlined in MPEP 601.01(b):
Quote: “The filing date of a provisional application is the date on which a specification as prescribed by 35 U.S.C. 112(a), and any drawing required by 37 CFR 1.81(a) are filed in the USPTO.”
This means that to receive a filing date, a provisional application must include:
- A specification that meets the requirements of 35 U.S.C. 112(a)
- Any necessary drawings as per 37 CFR 1.81(a)
It’s important to note that provisional applications do not require claims to receive a filing date.
To learn more:
To learn more:
Filing a nonprovisional application without drawings can have significant consequences:
- The application may be considered incomplete.
- It may not receive a filing date.
- The applicant will be notified of the deficiency.
As stated in MPEP 601.01(a): ‘If the specification of a nonprovisional application does not include at least one drawing, if necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, and at least one drawing is necessary under 35 U.S.C. 113, the Office of Patent Application Processing (OPAP) will send a notice requiring drawings and a time period within which drawings must be filed in order to avoid abandonment.’
It’s important to note that drawings are required when necessary to understand the invention. If drawings are not necessary, the application can proceed without them.
To learn more:
While the abstract itself should not include drawings, it can refer to them. The MPEP 608.01(b) provides guidance on including references to drawings and chemical formulas:
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
When referencing drawings:
- Use reference characters (in parentheses) when referring to parts shown in the drawings
- Do not include actual drawings in the abstract itself
For chemical formulas, you can include them if they best summarize the invention, but ensure they fit within the 150-word limit and single-paragraph format.
To learn more:
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:
How does MPEP 608.04(a) define ‘new matter’ in patent applications?
MPEP 608.04(a) defines new matter as any content added to the specification, claims, or drawings after the application filing date that was not present on the original filing date. Specifically, the MPEP states: “Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing date is new matter.” This definition is crucial for patent applicants and examiners to understand what constitutes acceptable additions or amendments to a patent application after it has been filed.
To learn more:
To learn more:
No, detailed descriptions of the drawings should not be included in the Brief Description section of a patent application. According to MPEP 608.01(f):
The specification should not normally describe the drawings in detail, but should concentrate on defining the invention.
The Brief Description section should only contain:
- References to each figure by number
- A concise explanation of what each figure represents
Detailed descriptions of the drawings and how they relate to the invention should be reserved for the Detailed Description section of the specification.
To learn more:
To learn more:
Can drawings or figures in a patent application introduce new matter?
Yes, drawings or figures can introduce new matter in a patent application. The MPEP 608.04 addresses this issue:
‘In establishing a disclosure, applicant may rely not only on the description and drawing as filed but also on the original claims if their content justifies it.’
This implies that:
- Original drawings are part of the disclosure and can support claims.
- However, new or amended drawings can potentially introduce new matter.
- Changes to drawings that go beyond what was originally disclosed may be rejected as new matter.
For example, adding specific structural details to a figure that weren’t originally disclosed, or introducing new relationships between components, could be considered new matter. Applicants should be cautious when modifying drawings and ensure any changes are fully supported by the original disclosure.
To learn more:
Yes, a patent application filing date can be restored if drawings are filed late, but only under specific conditions:
- The applicant must file the drawings within two months of the filing date of the application or the date of a Notice of Incomplete Application, whichever is later.
- The late submission must be accompanied by an oath or declaration specifically referencing the late-filed drawings.
- The oath or declaration must state that the delay in filing the drawings was unintentional.
According to MPEP 601.01(f): ‘In design applications, drawings are the disclosure. As such, the application will not be given a filing date until the required drawings are filed.’
It’s important to note that for non-design applications, if the drawings are not necessary to understand the subject matter sought to be patented, the application may retain its original filing date even without the drawings.
To learn more:
Can a patent application be filed without drawings?
In most cases, a patent application should include drawings if they are necessary to understand the invention. However, there are situations where an application can be filed without drawings. As stated in MPEP 601.01(f): ‘If the specification includes a sequence listing or large tables, those elements may be submitted as electronic files in ASCII text format.’
For applications that do require drawings, but are filed without them, the USPTO will send a Notice to File Missing Parts. The applicant can then submit the drawings within a specified time period, typically two months, extendable up to seven months with fees. However, it’s important to note that adding new drawings may be considered new matter if they introduce elements not described in the original specification.
Design patent applications, which are based entirely on the visual appearance of an item, always require drawings and cannot be filed without them.
To learn more:
Patent Procedure (27)
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:
The brief description of drawings for a patent application should include:
- A reference to each figure by number (e.g., Figure 1, Figure 2)
- A brief explanation of what each figure depicts
According to MPEP 608.01(f): The specification must contain or be amended to contain a brief description of the several views of the drawings.
It’s important to note that this section should be concise and not include detailed descriptions of the drawings, which belong in the Detailed Description section.
To learn more:
To learn more:
The basis for disclosure in a patent application is outlined in MPEP 608. It states:
“Applicant may rely for disclosure upon the specification with original claims and drawings, as filed.”
This means that the original specification, claims, and drawings submitted at the time of filing form the foundation of the disclosure. Any amendments or new claims must find support within this original disclosure to avoid introducing new matter. The disclosure must provide a full and clear description of the invention as required by 35 U.S.C. 112(a).
To learn more:
‘New matter’ refers to any subject matter that is added to a patent application after its filing date, which was not present in the original specification, claims, or drawings. The MPEP states: Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing is usually new matter.
(MPEP 608.04(a))
New matter can include:
- Addition of wholly unsupported subject matter
- Adding specific percentages or compounds after a broader original disclosure
- Omission of a step from a method
It’s important to note that new matter is not allowed in patent applications, as per 35 U.S.C. 132(a), which states: No amendment shall introduce new matter into the disclosure of the invention.
To learn more:
According to MPEP 201, a nonprovisional application for patent is the standard type of patent application. The MPEP states:
“A nonprovisional application for patent filed under 35 U.S.C. 111(a) must include a specification, including a claim or claims, drawings when necessary, an oath or declaration, and the prescribed filing fee, search fee, examination fee and application size fee.”
This type of application is examined by the USPTO and can potentially lead to the grant of a patent. It requires a detailed description of the invention, claims defining the scope of protection sought, and often includes drawings to illustrate the invention.
For more information on declaration, visit: declaration.
For more information on drawings, visit: drawings.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on oath, visit: oath.
If drawings are required for a patent application but not filed with the initial submission, the following process typically occurs:
- The Office will send a Notice of Incomplete Application to the applicant.
- The applicant will have two months from the filing date (or notice mail date, whichever is later) to file the drawings and pay any required fees.
- If compliant drawings are filed within this period, the application will receive the original filing date.
- Failure to submit the required drawings within the time period may result in the application being treated as abandoned.
As stated in MPEP 601.01(f): ‘If the Office of Patent Application Processing (OPAP) determines that the application does not contain drawings, although drawings are necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, applicant will be notified that drawings are required.’
To learn more:
If drawings are omitted from a patent application, the consequences depend on whether the drawings are necessary for understanding the invention. According to MPEP 601.01(f):
“If drawings are necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, the application will be denied a filing date and the applicant will be notified that the application is incomplete.”
However, if the drawings are not necessary for understanding the invention, the application may still be given a filing date. The examiner will send a Notice of Omitted Items, giving the applicant two months to submit the missing drawings and avoid abandonment of the application.
To learn more:
To learn more:
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.
What happens if a nonprovisional application is filed without drawings but they are necessary?
If a nonprovisional application is filed without drawings, but drawings are necessary for understanding the subject matter sought to be patented, the USPTO will send a Notice of Incomplete Application. The MPEP states:
If drawings are necessary under 35 U.S.C. 113 (first sentence) and are omitted on filing, the Office will send a Notice of Incomplete Application indicating that drawings are required and setting a time period within which the applicant must submit the omitted drawings to avoid abandonment.
The applicant must then submit the required drawings within the specified time period to avoid abandonment of the application. It’s important to note that the filing date of the application will be the date on which the drawings are received by the USPTO, not the original filing date.
For more information, refer to MPEP 601.01(a).
To learn more:
A complete patent application for filing date purposes must include:
- A specification containing a description as per 37 CFR 1.71
- At least one claim (for nonprovisional design applications only) as per 37 CFR 1.75
- Any drawings required by 37 CFR 1.81(a)
As stated in the MPEP: “The filing date of the provisional or nonprovisional application is the date of receipt in the Office of the application which includes a specification containing description pursuant to 37 CFR 1.71 and at least one claim (required for nonprovisional design applications only) pursuant to 37 CFR 1.75, and any drawings required by 37 CFR 1.81(a).”
To learn more:
‘New matter’ refers to any content added to a patent application after the initial filing date that was not present in the original specification, claims, or drawings. As stated in MPEP 608.04(a):
Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing is usually new matter.
This can include adding specific percentages, compounds, or even omitting steps from a method that were present in the original disclosure.
To learn more:
Drawings are an essential part of many nonprovisional utility patent applications. According to MPEP 601, the requirements for drawings are as follows:
- Drawings must be included in the application where necessary for the understanding of the subject matter to be patented.
- The applicant must furnish a drawing where the nature of the case admits of it.
- Drawings submitted after the filing date of the application may not be used to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclosure therein.
The MPEP states: ‘Drawings submitted after the filing date of the application may not be used to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclosure therein, or to supplement the original disclosure thereof for the purpose of interpretation of the scope of any claim.’
It’s important to include all necessary drawings at the time of filing to ensure a complete and enabling disclosure of the invention.
To learn more:
To learn more:
For nonprovisional utility patent applications filed on or after December 18, 2013, the requirements to receive a filing date are:
- A specification
- With or without claims
Prior to December 18, 2013, the requirements were:
- A specification containing a description and at least one claim
- Any drawing necessary under 35 U.S.C. 113
The USPTO states: Effective for applications filed on or after December 18, 2013, 37 CFR 1.53(b) was amended to implement the changes to 35 U.S.C. 111(a) and 35 U.S.C. 171 by the Patent Law Treaties Implementation Act of 2012 (PLTIA) (Public Law 112-211). 35 U.S.C. 111(a) now provides minimal formal requirements necessary for an application to be entitled to a filing date to safeguard against the loss of a filing date due to a technicality.
To learn more:
For a design patent application to receive a filing date, it must include:
- A specification as prescribed by 35 U.S.C. 112
- At least one claim
- Any required drawings
These requirements apply to design applications regardless of filing date. The USPTO states: The filing date for a design application, except for a continued prosecution application (CPA) under 37 CFR 1.53(d), is the date on which the specification as prescribed by 35 U.S.C. 112, including at least one claim, and any required drawings are received in the Office.
It’s important to note that unlike utility applications filed on or after December 18, 2013, design applications still require at least one claim to receive a filing date.
To learn more:
What are the requirements for a complete patent application?
A complete patent application must include the following elements:
- Specification (including a description and claim(s))
- Drawing(s) (when necessary)
- Oath or declaration
- Filing, search, and examination fees
As stated in MPEP 601.01: ‘The application for patent as filed must include a specification as prescribed by 35 U.S.C. 112, at least one claim as prescribed by 35 U.S.C. 112, and, in applications other than design applications, any drawing referred to in the specification or required by 35 U.S.C. 113.’ Additionally, the applicant must submit an oath or declaration and pay the necessary fees to complete the application.
To learn more:
A complete nonprovisional patent application filed under 35 U.S.C. 111(a) comprises the following components:
- A specification, including claims, as prescribed by 35 U.S.C. 112
- Drawings as prescribed by 35 U.S.C. 113
- An oath or declaration as prescribed by 35 U.S.C. 115
- The prescribed filing fee, search fee, examination fee, and application size fee
As stated in the MPEP: “A complete application filed under 35 U.S.C. 111(a) comprises a specification, including claims, as prescribed by 35 U.S.C. 112, drawings as prescribed by 35 U.S.C. 113, an oath or declaration as prescribed by 35 U.S.C. 115, and the prescribed filing fee, search fee, examination fee and application size fee.”
To learn more:
What are the filing requirements for a provisional application?
A provisional application must include:
- A specification as prescribed by 35 U.S.C. 112(a), except claims are not required
- Any drawings necessary to understand the invention
- The inventor’s oath or declaration is not required
- The appropriate filing fee
According to MPEP 601.01(b): ‘A provisional application must include a specification as prescribed by 35 U.S.C. 112(a), except that no claims are required.’ The specification should provide a clear description of the invention to enable others skilled in the art to make and use it.
To learn more:
The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:
‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’
Additionally, you must include:
- The appropriate filing fees
- An Application Data Sheet (ADS) specifying that the application is a divisional
- A proper benefit claim to the parent application
It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.
For more information on Divisional application, visit: Divisional application.
For more information on drawings, visit: drawings.
For more information on filing requirements, visit: filing requirements.
For more information on inventorship, visit: inventorship.
The filing date requirements for provisional applications under 35 U.S.C. 111(b) are outlined in MPEP 601.01(b):
Quote: “The filing date of a provisional application is the date on which a specification as prescribed by 35 U.S.C. 112(a), and any drawing required by 37 CFR 1.81(a) are filed in the USPTO.”
This means that to receive a filing date, a provisional application must include:
- A specification that meets the requirements of 35 U.S.C. 112(a)
- Any necessary drawings as per 37 CFR 1.81(a)
It’s important to note that provisional applications do not require claims to receive a filing date.
To learn more:
To learn more:
Filing a nonprovisional application without drawings can have significant consequences:
- The application may be considered incomplete.
- It may not receive a filing date.
- The applicant will be notified of the deficiency.
As stated in MPEP 601.01(a): ‘If the specification of a nonprovisional application does not include at least one drawing, if necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, and at least one drawing is necessary under 35 U.S.C. 113, the Office of Patent Application Processing (OPAP) will send a notice requiring drawings and a time period within which drawings must be filed in order to avoid abandonment.’
It’s important to note that drawings are required when necessary to understand the invention. If drawings are not necessary, the application can proceed without them.
To learn more:
While the abstract itself should not include drawings, it can refer to them. The MPEP 608.01(b) provides guidance on including references to drawings and chemical formulas:
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
When referencing drawings:
- Use reference characters (in parentheses) when referring to parts shown in the drawings
- Do not include actual drawings in the abstract itself
For chemical formulas, you can include them if they best summarize the invention, but ensure they fit within the 150-word limit and single-paragraph format.
To learn more:
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:
How does MPEP 608.04(a) define ‘new matter’ in patent applications?
MPEP 608.04(a) defines new matter as any content added to the specification, claims, or drawings after the application filing date that was not present on the original filing date. Specifically, the MPEP states: “Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing date is new matter.” This definition is crucial for patent applicants and examiners to understand what constitutes acceptable additions or amendments to a patent application after it has been filed.
To learn more:
To learn more:
No, detailed descriptions of the drawings should not be included in the Brief Description section of a patent application. According to MPEP 608.01(f):
The specification should not normally describe the drawings in detail, but should concentrate on defining the invention.
The Brief Description section should only contain:
- References to each figure by number
- A concise explanation of what each figure represents
Detailed descriptions of the drawings and how they relate to the invention should be reserved for the Detailed Description section of the specification.
To learn more:
To learn more:
Can drawings or figures in a patent application introduce new matter?
Yes, drawings or figures can introduce new matter in a patent application. The MPEP 608.04 addresses this issue:
‘In establishing a disclosure, applicant may rely not only on the description and drawing as filed but also on the original claims if their content justifies it.’
This implies that:
- Original drawings are part of the disclosure and can support claims.
- However, new or amended drawings can potentially introduce new matter.
- Changes to drawings that go beyond what was originally disclosed may be rejected as new matter.
For example, adding specific structural details to a figure that weren’t originally disclosed, or introducing new relationships between components, could be considered new matter. Applicants should be cautious when modifying drawings and ensure any changes are fully supported by the original disclosure.
To learn more:
Yes, a patent application filing date can be restored if drawings are filed late, but only under specific conditions:
- The applicant must file the drawings within two months of the filing date of the application or the date of a Notice of Incomplete Application, whichever is later.
- The late submission must be accompanied by an oath or declaration specifically referencing the late-filed drawings.
- The oath or declaration must state that the delay in filing the drawings was unintentional.
According to MPEP 601.01(f): ‘In design applications, drawings are the disclosure. As such, the application will not be given a filing date until the required drawings are filed.’
It’s important to note that for non-design applications, if the drawings are not necessary to understand the subject matter sought to be patented, the application may retain its original filing date even without the drawings.
To learn more:
Can a patent application be filed without drawings?
In most cases, a patent application should include drawings if they are necessary to understand the invention. However, there are situations where an application can be filed without drawings. As stated in MPEP 601.01(f): ‘If the specification includes a sequence listing or large tables, those elements may be submitted as electronic files in ASCII text format.’
For applications that do require drawings, but are filed without them, the USPTO will send a Notice to File Missing Parts. The applicant can then submit the drawings within a specified time period, typically two months, extendable up to seven months with fees. However, it’s important to note that adding new drawings may be considered new matter if they introduce elements not described in the original specification.
Design patent applications, which are based entirely on the visual appearance of an item, always require drawings and cannot be filed without them.
To learn more: