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 (1)
If the reference to a prior application is not in the first sentence of the specification, it may still be acceptable under certain conditions. According to MPEP 211.02:
If the reference to the prior application is not in the first sentence of the specification, it may be given limited review. For example, if an application is filed with a preliminary amendment which is present on filing and which contains a reference to the prior application, the application will be taken up for review by the Office of Patent Application Processing (OPAP). OPAP will mail a ‘Notice of Incomplete Application’ indicating that the reference to the prior application needs to be in the first sentence(s) of the specification.
In such cases, the applicant will be given an opportunity to correct the placement of the reference. It’s important to note that while this situation can be remedied, it’s always best practice to include the reference in the first sentence of the specification to avoid potential delays or complications.
To learn more:
MPEP 500 - Receipt and Handling of Mail and Papers (8)
OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include:
- Line quality that is too light to be reproduced
- Illegible text
- Missing lead lines
- Excessive text or non-English text
- Incorrect margins or paper size
- Improper figure labeling
- Illegible photographs that could be illustrated by ink drawings
- Color drawings or photographs without a proper petition
For example, regarding line quality, MPEP 507 states:
“OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1)“
For more information on drawing requirements, visit: drawing requirements.
For more information on OPAP, visit: OPAP.
For more information on patent drawings, visit: patent drawings.
The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications:
- It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes.
- It notifies the examiner that the drawings may need to be corrected or replaced with formal drawings during examination.
- It provides a record in the file wrapper that the drawings have been provisionally accepted.
As stated in 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.’
This form helps streamline the application process by allowing examination to proceed while flagging the need for potential drawing improvements later in the process.
For more information on OPAP, visit: OPAP.
The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP:
“OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.”
This review ensures that the drawings meet the necessary quality standards for publication and reproduction.
For more information on drawing review, visit: drawing review.
For more information on OPAP, visit: OPAP.
If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states:
“If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.”
It’s important to note that the corrected drawings must be submitted in paper form to the specific mailing address provided in the Notice. Applicants should ensure they meet the deadline (typically two months) to avoid potential abandonment of their application.
For more information on corrected drawings, visit: corrected drawings.
For more information on OPAP, visit: OPAP.
For more information on patent procedure, visit: patent procedure.
An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.
The MPEP states: ‘Application numbers consisting of a series code and a serial number are assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened.’ (MPEP 503)
If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under 37 CFR 1.136(a). If corrected drawings are not timely filed, the application will be held abandoned.
If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s). The time period may be extended under 37 CFR 1.136(a).
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.
MPEP 503 - Application Number and Filing Receipt (1)
An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.
The MPEP states: ‘Application numbers consisting of a series code and a serial number are assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened.’ (MPEP 503)
MPEP 507 - Drawing Review in the Office of Patent Application Processing (7)
OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include:
- Line quality that is too light to be reproduced
- Illegible text
- Missing lead lines
- Excessive text or non-English text
- Incorrect margins or paper size
- Improper figure labeling
- Illegible photographs that could be illustrated by ink drawings
- Color drawings or photographs without a proper petition
For example, regarding line quality, MPEP 507 states:
“OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1)“
For more information on drawing requirements, visit: drawing requirements.
For more information on OPAP, visit: OPAP.
For more information on patent drawings, visit: patent drawings.
The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications:
- It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes.
- It notifies the examiner that the drawings may need to be corrected or replaced with formal drawings during examination.
- It provides a record in the file wrapper that the drawings have been provisionally accepted.
As stated in 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.’
This form helps streamline the application process by allowing examination to proceed while flagging the need for potential drawing improvements later in the process.
For more information on OPAP, visit: OPAP.
The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP:
“OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.”
This review ensures that the drawings meet the necessary quality standards for publication and reproduction.
For more information on drawing review, visit: drawing review.
For more information on OPAP, visit: OPAP.
If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states:
“If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.”
It’s important to note that the corrected drawings must be submitted in paper form to the specific mailing address provided in the Notice. Applicants should ensure they meet the deadline (typically two months) to avoid potential abandonment of their application.
For more information on corrected drawings, visit: corrected drawings.
For more information on OPAP, visit: OPAP.
For more information on patent procedure, visit: patent procedure.
If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under 37 CFR 1.136(a). If corrected drawings are not timely filed, the application will be held abandoned.
If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s). The time period may be extended under 37 CFR 1.136(a).
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.
Patent Law (15)
New drawings may be required before examination in several situations:
- When drawings have not been filed, but a drawing will aid in understanding the invention (see MPEP § 608.02).
- When applications appear to be missing drawings (see MPEP § 601.01(f) or 601.01(g)).
- When the Office of Patent Application Processing (OPAP) finds the drawings unacceptable for publication.
- When the supervisory patent examiner believes the drawings do not permit reasonable examination.
As stated in the MPEP: If at the time of the initial assignment of an application to an examiner’s docket, or if at the time the application is taken up for action, the supervisory patent examiner believes the drawings to be of such a condition as to not permit reasonable examination of the application, applicant should be required to immediately submit corrected drawings.
To learn more:
OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include:
- Line quality that is too light to be reproduced
- Illegible text
- Missing lead lines
- Excessive text or non-English text
- Incorrect margins or paper size
- Improper figure labeling
- Illegible photographs that could be illustrated by ink drawings
- Color drawings or photographs without a proper petition
For example, regarding line quality, MPEP 507 states:
“OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1)“
For more information on drawing requirements, visit: drawing requirements.
For more information on OPAP, visit: OPAP.
For more information on patent drawings, visit: patent drawings.
If an inventor’s signature was missing from a continuation or divisional application, the Office of Patent Application Processing (OPAP) would typically take the following steps:
- Send a “Notice to File Missing Parts” requiring the signature of the nonsigning inventor.
- If a copy of the decision according status under pre-AIA 37 CFR 1.47 was not included with the original filing, applicants could respond to the Notice by:
- Submitting a copy of the decision according status under pre-AIA 37 CFR 1.47, along with a surcharge for late filing.
- Alternatively, submitting an oath or declaration signed by the previously nonsigning inventor, along with the required surcharge.
This process is described in the MPEP:
“If OPAP mails such a Notice, a copy of the decision according status under pre-AIA 37 CFR 1.47, together with a surcharge under 37 CFR 1.16(f) for its late filing, will be an acceptable reply to the Notice. Alternatively, applicant may submit an oath or declaration signed by the previously nonsigning inventor together with the surcharge set forth in 37 CFR 1.16(f) in reply to the Notice.”
To learn more:
The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications:
- It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes.
- It notifies the examiner that the drawings may need to be corrected or replaced with formal drawings during examination.
- It provides a record in the file wrapper that the drawings have been provisionally accepted.
As stated in 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.’
This form helps streamline the application process by allowing examination to proceed while flagging the need for potential drawing improvements later in the process.
For more information on OPAP, visit: OPAP.
The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP:
“OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.”
This review ensures that the drawings meet the necessary quality standards for publication and reproduction.
For more information on drawing review, visit: drawing review.
For more information on OPAP, visit: OPAP.
If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states:
“If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.”
It’s important to note that the corrected drawings must be submitted in paper form to the specific mailing address provided in the Notice. Applicants should ensure they meet the deadline (typically two months) to avoid potential abandonment of their application.
For more information on corrected drawings, visit: corrected drawings.
For more information on OPAP, visit: OPAP.
For more information on patent procedure, visit: patent procedure.
An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.
The MPEP states: ‘Application numbers consisting of a series code and a serial number are assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened.’ (MPEP 503)
If the reference to a prior application is not in the first sentence of the specification, it may still be acceptable under certain conditions. According to MPEP 211.02:
If the reference to the prior application is not in the first sentence of the specification, it may be given limited review. For example, if an application is filed with a preliminary amendment which is present on filing and which contains a reference to the prior application, the application will be taken up for review by the Office of Patent Application Processing (OPAP). OPAP will mail a ‘Notice of Incomplete Application’ indicating that the reference to the prior application needs to be in the first sentence(s) of the specification.
In such cases, the applicant will be given an opportunity to correct the placement of the reference. It’s important to note that while this situation can be remedied, it’s always best practice to include the reference in the first sentence of the specification to avoid potential delays or complications.
To learn more:
If the Office of Patent Application Processing (OPAP) finds patent drawings unacceptable, the following process occurs:
- OPAP sends a Notice to File Corrected Application Papers to the applicant.
- The applicant is given a two-month period from the mailing date to file acceptable drawings.
- This period is extendable under 37 CFR 1.136(a).
- The application will not be released to the Technology Centers until acceptable drawings are filed.
As stated in the MPEP: OPAP will send a Notice to File Corrected Application Papers if the drawings are unacceptable for purposes of publication. The notice will give applicant a time period of two (2) months from the mailing date of the notice to file acceptable drawings. This time period for reply is extendable under 37 CFR 1.136(a).
To learn more:
If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under 37 CFR 1.136(a). If corrected drawings are not timely filed, the application will be held abandoned.
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:
If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s). The time period may be extended under 37 CFR 1.136(a).
According to MPEP 608.02(b), drawings are considered either acceptable or unacceptable. The Office of Patent Application Processing (OPAP) will accept drawings if they are readable and reproducible for publication purposes. Additionally, examiners review drawings for:
- Disclosure of the claimed invention
- Proper use of reference numerals
The MPEP states: Drawings will be accepted by the Office of Patent Application Processing (OPAP) if the drawings are readable and reproducible for publication purposes.
To learn more:
Patent examiners should handle objections to drawings as follows:
- If the examiner makes objections to the drawings, they should require correction in reply to the Office action.
- The examiner should not permit the objection to be held in abeyance.
- 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:
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.
Patent Procedure (15)
New drawings may be required before examination in several situations:
- When drawings have not been filed, but a drawing will aid in understanding the invention (see MPEP § 608.02).
- When applications appear to be missing drawings (see MPEP § 601.01(f) or 601.01(g)).
- When the Office of Patent Application Processing (OPAP) finds the drawings unacceptable for publication.
- When the supervisory patent examiner believes the drawings do not permit reasonable examination.
As stated in the MPEP: If at the time of the initial assignment of an application to an examiner’s docket, or if at the time the application is taken up for action, the supervisory patent examiner believes the drawings to be of such a condition as to not permit reasonable examination of the application, applicant should be required to immediately submit corrected drawings.
To learn more:
OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include:
- Line quality that is too light to be reproduced
- Illegible text
- Missing lead lines
- Excessive text or non-English text
- Incorrect margins or paper size
- Improper figure labeling
- Illegible photographs that could be illustrated by ink drawings
- Color drawings or photographs without a proper petition
For example, regarding line quality, MPEP 507 states:
“OPAP may object to and require corrected drawings within a set time period, if the drawings: (A) have a line quality that is too light to be reproduced (weight of all lines and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1)“
For more information on drawing requirements, visit: drawing requirements.
For more information on OPAP, visit: OPAP.
For more information on patent drawings, visit: patent drawings.
If an inventor’s signature was missing from a continuation or divisional application, the Office of Patent Application Processing (OPAP) would typically take the following steps:
- Send a “Notice to File Missing Parts” requiring the signature of the nonsigning inventor.
- If a copy of the decision according status under pre-AIA 37 CFR 1.47 was not included with the original filing, applicants could respond to the Notice by:
- Submitting a copy of the decision according status under pre-AIA 37 CFR 1.47, along with a surcharge for late filing.
- Alternatively, submitting an oath or declaration signed by the previously nonsigning inventor, along with the required surcharge.
This process is described in the MPEP:
“If OPAP mails such a Notice, a copy of the decision according status under pre-AIA 37 CFR 1.47, together with a surcharge under 37 CFR 1.16(f) for its late filing, will be an acceptable reply to the Notice. Alternatively, applicant may submit an oath or declaration signed by the previously nonsigning inventor together with the surcharge set forth in 37 CFR 1.16(f) in reply to the Notice.”
To learn more:
The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications:
- It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes.
- It notifies the examiner that the drawings may need to be corrected or replaced with formal drawings during examination.
- It provides a record in the file wrapper that the drawings have been provisionally accepted.
As stated in 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.’
This form helps streamline the application process by allowing examination to proceed while flagging the need for potential drawing improvements later in the process.
For more information on OPAP, visit: OPAP.
The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP:
“OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.”
This review ensures that the drawings meet the necessary quality standards for publication and reproduction.
For more information on drawing review, visit: drawing review.
For more information on OPAP, visit: OPAP.
If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states:
“If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.”
It’s important to note that the corrected drawings must be submitted in paper form to the specific mailing address provided in the Notice. Applicants should ensure they meet the deadline (typically two months) to avoid potential abandonment of their application.
For more information on corrected drawings, visit: corrected drawings.
For more information on OPAP, visit: OPAP.
For more information on patent procedure, visit: patent procedure.
An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.
The MPEP states: ‘Application numbers consisting of a series code and a serial number are assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened.’ (MPEP 503)
If the reference to a prior application is not in the first sentence of the specification, it may still be acceptable under certain conditions. According to MPEP 211.02:
If the reference to the prior application is not in the first sentence of the specification, it may be given limited review. For example, if an application is filed with a preliminary amendment which is present on filing and which contains a reference to the prior application, the application will be taken up for review by the Office of Patent Application Processing (OPAP). OPAP will mail a ‘Notice of Incomplete Application’ indicating that the reference to the prior application needs to be in the first sentence(s) of the specification.
In such cases, the applicant will be given an opportunity to correct the placement of the reference. It’s important to note that while this situation can be remedied, it’s always best practice to include the reference in the first sentence of the specification to avoid potential delays or complications.
To learn more:
If the Office of Patent Application Processing (OPAP) finds patent drawings unacceptable, the following process occurs:
- OPAP sends a Notice to File Corrected Application Papers to the applicant.
- The applicant is given a two-month period from the mailing date to file acceptable drawings.
- This period is extendable under 37 CFR 1.136(a).
- The application will not be released to the Technology Centers until acceptable drawings are filed.
As stated in the MPEP: OPAP will send a Notice to File Corrected Application Papers if the drawings are unacceptable for purposes of publication. The notice will give applicant a time period of two (2) months from the mailing date of the notice to file acceptable drawings. This time period for reply is extendable under 37 CFR 1.136(a).
To learn more:
If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under 37 CFR 1.136(a). If corrected drawings are not timely filed, the application will be held abandoned.
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:
If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s). The time period may be extended under 37 CFR 1.136(a).
According to MPEP 608.02(b), drawings are considered either acceptable or unacceptable. The Office of Patent Application Processing (OPAP) will accept drawings if they are readable and reproducible for publication purposes. Additionally, examiners review drawings for:
- Disclosure of the claimed invention
- Proper use of reference numerals
The MPEP states: Drawings will be accepted by the Office of Patent Application Processing (OPAP) if the drawings are readable and reproducible for publication purposes.
To learn more:
Patent examiners should handle objections to drawings as follows:
- If the examiner makes objections to the drawings, they should require correction in reply to the Office action.
- The examiner should not permit the objection to be held in abeyance.
- 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:
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.