Q: When are drawings required in a patent application?

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: drawings patent application filing requirements

Question 1

When are drawings required in a patent application?

Accepted Answer

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.

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Question 2

What are the requirements for Article 19 Amendments filed after July 1, 2009?

Accepted Answer

Article 19 Amendments filed after July 1, 2009 have specific requirements. According to MPEP 1893.01(a)(2), these amendments must include a complete claim set. This is in contrast to amendments filed before July 1, 2009, which did not have this requirement.

The MPEP states: "Article 19 amendments filed before July 1, 2009 were not required to include a complete claim set and the pages of the translation would not have been entered as replacement claim sheets where entry would have resulted in an inconsistency in the flow of the claims from the bottom of one page to the top of the following page."

For amendments filed after July 1, 2009, applicants should ensure they provide a complete claim set to avoid any issues with entry into the U.S. national stage application.

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Patent Law FAQ

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

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When are drawings required in a patent application?

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When are drawings required in a patent application?