Patent Law FAQ

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

Here’s the complete FAQ:

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MPEP 500 - Receipt and Handling of Mail and Papers (2)

The USPTO handles informal drawings in patent applications as follows:

  • If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally.
  • The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes.
  • Formal drawings will be required if the application is allowed.

According to MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

The examiner may require formal drawings or corrections in a subsequent office action if necessary for a proper examination or if the application is allowed.

For more information on drawing review, visit: drawing review.

For more information on informal drawings, visit: informal drawings.

For more information on OPAP, visit: OPAP.

When an application is filed with informal drawings, the Office of Patent Application Processing (OPAP) will review the drawings to determine if they can be used for publication purposes. If the drawings are not acceptable for publication purposes, OPAP will object to the drawings and require corrected drawings within a set time period, usually two months. This objection does not affect the filing date of the application, and applicants can correct the drawings later in the examination process if needed.

MPEP 507 - Drawing Review in the Office of Patent Application Processing (2)

The USPTO handles informal drawings in patent applications as follows:

  • If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally.
  • The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes.
  • Formal drawings will be required if the application is allowed.

According to MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

The examiner may require formal drawings or corrections in a subsequent office action if necessary for a proper examination or if the application is allowed.

For more information on drawing review, visit: drawing review.

For more information on informal drawings, visit: informal drawings.

For more information on OPAP, visit: OPAP.

When an application is filed with informal drawings, the Office of Patent Application Processing (OPAP) will review the drawings to determine if they can be used for publication purposes. If the drawings are not acceptable for publication purposes, OPAP will object to the drawings and require corrected drawings within a set time period, usually two months. This objection does not affect the filing date of the application, and applicants can correct the drawings later in the examination process if needed.

Patent Law (6)

If drawings submitted in a patent application are marked as ‘informal’ but are considered acceptable by the Office of Patent Application Processing (OPAP), the examiner will not require replacement of the drawings. As stated in the MPEP:

If the drawings submitted in an application have been indicated by the applicant as “informal,” but the drawings are considered acceptable by OPAP, the examiner should not require replacement of the drawings.

This means that informal drawings can be accepted if they meet the necessary standards, even if not labeled as formal drawings.

To learn more:

Submitting informal drawings in a patent application can have several consequences:

  • The application may be considered incomplete, potentially affecting the filing date.
  • The examiner may object to the drawings and require formal drawings to be submitted.
  • It may delay the examination process.
  • In some cases, it could result in a loss of patent rights if not corrected in time.

MPEP 608.02(b) states: ‘The Office no longer considers drawings as formal or informal; drawings are either acceptable or not acceptable. Drawings will be accepted by the Office of Patent Application Processing (OPAP) if the drawings meet the requirements of 37 CFR 1.84(a), (b), (c), and (e) and are capable of reproduction.’

It’s important to note that while the USPTO may accept informal drawings initially, they may still be objected to during examination, requiring corrections to be made.

To learn more:

To learn more:

Patent examiners should handle objections to drawings as follows:

  1. If the examiner makes objections to the drawings, they should require correction in reply to the Office action.
  2. The examiner should not permit the objection to be held in abeyance.
  3. If drawings are marked as ‘informal’ but considered acceptable by OPAP, the examiner should not require replacement.

The MPEP clearly states: If the examiner does make objections to the drawings, the examiner should require correction in reply to the Office action and not permit the objection to be held in abeyance.

For more information on specific grounds for finding drawing informalities, examiners should refer to MPEP § 608.02(b), § 608.02(d)§ 608.02(h) and § 608.02(p).

To learn more:

Examiners should handle informal drawings in patent applications as follows:

  • Determine if the drawings are sufficient for examination purposes
  • If sufficient, proceed with examination but note the need for formal drawings
  • If insufficient, object to the drawings and explain why formal drawings are required

According to MPEP 608.02(e): ‘The acceptance of and retention of informal drawings by the Office does not relieve the applicant of the drawing requirements of 35 U.S.C. 113.’ This means that while informal drawings may be accepted for initial examination, formal drawings will still be required before the patent can be granted.

To learn more:

The USPTO handles informal drawings in patent applications as follows:

  • If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally.
  • The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes.
  • Formal drawings will be required if the application is allowed.

According to MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

The examiner may require formal drawings or corrections in a subsequent office action if necessary for a proper examination or if the application is allowed.

For more information on drawing review, visit: drawing review.

For more information on informal drawings, visit: informal drawings.

For more information on OPAP, visit: OPAP.

When an application is filed with informal drawings, the Office of Patent Application Processing (OPAP) will review the drawings to determine if they can be used for publication purposes. If the drawings are not acceptable for publication purposes, OPAP will object to the drawings and require corrected drawings within a set time period, usually two months. This objection does not affect the filing date of the application, and applicants can correct the drawings later in the examination process if needed.

Patent Procedure (6)

If drawings submitted in a patent application are marked as ‘informal’ but are considered acceptable by the Office of Patent Application Processing (OPAP), the examiner will not require replacement of the drawings. As stated in the MPEP:

If the drawings submitted in an application have been indicated by the applicant as “informal,” but the drawings are considered acceptable by OPAP, the examiner should not require replacement of the drawings.

This means that informal drawings can be accepted if they meet the necessary standards, even if not labeled as formal drawings.

To learn more:

Submitting informal drawings in a patent application can have several consequences:

  • The application may be considered incomplete, potentially affecting the filing date.
  • The examiner may object to the drawings and require formal drawings to be submitted.
  • It may delay the examination process.
  • In some cases, it could result in a loss of patent rights if not corrected in time.

MPEP 608.02(b) states: ‘The Office no longer considers drawings as formal or informal; drawings are either acceptable or not acceptable. Drawings will be accepted by the Office of Patent Application Processing (OPAP) if the drawings meet the requirements of 37 CFR 1.84(a), (b), (c), and (e) and are capable of reproduction.’

It’s important to note that while the USPTO may accept informal drawings initially, they may still be objected to during examination, requiring corrections to be made.

To learn more:

To learn more:

Patent examiners should handle objections to drawings as follows:

  1. If the examiner makes objections to the drawings, they should require correction in reply to the Office action.
  2. The examiner should not permit the objection to be held in abeyance.
  3. If drawings are marked as ‘informal’ but considered acceptable by OPAP, the examiner should not require replacement.

The MPEP clearly states: If the examiner does make objections to the drawings, the examiner should require correction in reply to the Office action and not permit the objection to be held in abeyance.

For more information on specific grounds for finding drawing informalities, examiners should refer to MPEP § 608.02(b), § 608.02(d)§ 608.02(h) and § 608.02(p).

To learn more:

Examiners should handle informal drawings in patent applications as follows:

  • Determine if the drawings are sufficient for examination purposes
  • If sufficient, proceed with examination but note the need for formal drawings
  • If insufficient, object to the drawings and explain why formal drawings are required

According to MPEP 608.02(e): ‘The acceptance of and retention of informal drawings by the Office does not relieve the applicant of the drawing requirements of 35 U.S.C. 113.’ This means that while informal drawings may be accepted for initial examination, formal drawings will still be required before the patent can be granted.

To learn more:

The USPTO handles informal drawings in patent applications as follows:

  • If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally.
  • The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes.
  • Formal drawings will be required if the application is allowed.

According to MPEP 507: ‘If the drawings are informal but otherwise in compliance with 37 CFR 1.121(d), the OPAP will accept the application for purposes of publication and place a ‘Drawing Informalities’ form PTO-948 in the file wrapper.’

The examiner may require formal drawings or corrections in a subsequent office action if necessary for a proper examination or if the application is allowed.

For more information on drawing review, visit: drawing review.

For more information on informal drawings, visit: informal drawings.

For more information on OPAP, visit: OPAP.

When an application is filed with informal drawings, the Office of Patent Application Processing (OPAP) will review the drawings to determine if they can be used for publication purposes. If the drawings are not acceptable for publication purposes, OPAP will object to the drawings and require corrected drawings within a set time period, usually two months. This objection does not affect the filing date of the application, and applicants can correct the drawings later in the examination process if needed.