Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Patent Law (3)
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:
‘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:
Patent Procedure (3)
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:
‘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: