Patent Law FAQ

According to MPEP 201.04, the required components of a provisional patent application are:

• A specification as prescribed by 35 U.S.C. 112(a)
• Any drawings required by 37 CFR 1.81(a)
• A cover sheet as required by 37 CFR 1.51(c)(1), which may be an application data sheet, form SB/16, or a cover letter identifying the application as provisional

The MPEP states, No amendment, other than to make the provisional application comply with the patent statute and all applicable regulations, may be made to the provisional application after the filing date of the provisional application.

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

For more information on provisional application, visit: provisional application.

A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include:

• A specification as prescribed by 35 U.S.C. 112
• A drawing as prescribed by 35 U.S.C. 113 (if necessary)
• An oath or declaration as prescribed by 35 U.S.C. 115
• The application filing fee

The MPEP states: Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115.

It’s important to note that while claims and drawings are not required for obtaining a filing date (except for design applications), they are necessary for a complete application and must be submitted to avoid abandonment.

For more information on filing requirements, visit: filing requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on oath or declaration, visit: oath or declaration.

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

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

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

For more information on PLTIA, visit: PLTIA.

According to MPEP 201.04, the required components of a provisional patent application are:

• A specification as prescribed by 35 U.S.C. 112(a)
• Any drawings required by 37 CFR 1.81(a)
• A cover sheet as required by 37 CFR 1.51(c)(1), which may be an application data sheet, form SB/16, or a cover letter identifying the application as provisional

The MPEP states, No amendment, other than to make the provisional application comply with the patent statute and all applicable regulations, may be made to the provisional application after the filing date of the provisional application.

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

For more information on provisional application, visit: provisional application.

A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include:

• A specification as prescribed by 35 U.S.C. 112
• A drawing as prescribed by 35 U.S.C. 113 (if necessary)
• An oath or declaration as prescribed by 35 U.S.C. 115
• The application filing fee

The MPEP states: Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115.

It’s important to note that while claims and drawings are not required for obtaining a filing date (except for design applications), they are necessary for a complete application and must be submitted to avoid abandonment.

For more information on filing requirements, visit: filing requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on oath or declaration, visit: oath or declaration.

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

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

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

For more information on PLTIA, visit: PLTIA.

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 primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507:

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.

It’s important to note that design applications are not subject to this review as they are not published.

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 OPAP objects to the drawings in a patent application, the following process occurs:

1. OPAP sends a Notice to the applicant requiring submission of corrected drawings.
2. The Notice typically sets a time period of two months for response.
3. Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
4. No fee is required for filing the corrected drawings requested by OPAP.

MPEP 507 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 crucial to respond within the set time period to avoid potential abandonment of the application.

If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.

MPEP 507 outlines specific requirements for margins and paper size in patent drawings:

Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);

These requirements are based on 37 CFR 1.84(f) and (g). Adhering to these specifications ensures that the drawings can be properly scanned and reproduced in the patent publication process.

OPAP may object to patent drawings for several reasons, including:

1. Line quality issues
2. Missing lead lines
3. Excessive or non-English text
4. Incorrect margins or paper size
5. Improper figure labeling
6. Illegible photographs
7. Unauthorized color drawings or photographs

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);

According to MPEP 507, figures in patent drawings should be labeled as follows:

Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);

This labeling convention ensures clarity and consistency in referencing figures throughout the patent application and publication. Improper labeling may result in an objection from OPAP and require correction.

Photographs can be included in patent applications, but there are specific requirements and limitations. According to MPEP 507:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (F) include photographs of the claimed invention which are capable of illustration by other medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b)“

This means that while photographs are acceptable, they should only be used when the subject matter cannot be accurately depicted in a drawing. Additionally, the photographs must be of sufficient quality to be legible after scanning. If a photograph can be replaced by a clear ink drawing, the USPTO may require such a replacement.

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

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

Color drawings or photographs are generally not allowed in patent applications without special permission. MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: … (G) contain color drawings or color photographs, but not a petition to accept color drawings/photographs.

If an applicant wishes to include color drawings or photographs, they must file a petition to accept them. It’s important to note that the requirement for a black and white photocopy of color drawings/photographs has been eliminated. Applicants should be prepared to justify the need for color in their drawings or photographs when filing such a petition.

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 primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507:

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.

It’s important to note that design applications are not subject to this review as they are not published.

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 OPAP objects to the drawings in a patent application, the following process occurs:

1. OPAP sends a Notice to the applicant requiring submission of corrected drawings.
2. The Notice typically sets a time period of two months for response.
3. Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
4. No fee is required for filing the corrected drawings requested by OPAP.

MPEP 507 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 crucial to respond within the set time period to avoid potential abandonment of the application.

If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.

MPEP 507 outlines specific requirements for margins and paper size in patent drawings:

Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);

These requirements are based on 37 CFR 1.84(f) and (g). Adhering to these specifications ensures that the drawings can be properly scanned and reproduced in the patent publication process.

OPAP may object to patent drawings for several reasons, including:

1. Line quality issues
2. Missing lead lines
3. Excessive or non-English text
4. Incorrect margins or paper size
5. Improper figure labeling
6. Illegible photographs
7. Unauthorized color drawings or photographs

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);

According to MPEP 507, figures in patent drawings should be labeled as follows:

Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);

This labeling convention ensures clarity and consistency in referencing figures throughout the patent application and publication. Improper labeling may result in an objection from OPAP and require correction.

Photographs can be included in patent applications, but there are specific requirements and limitations. According to MPEP 507:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (F) include photographs of the claimed invention which are capable of illustration by other medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b)“

This means that while photographs are acceptable, they should only be used when the subject matter cannot be accurately depicted in a drawing. Additionally, the photographs must be of sufficient quality to be legible after scanning. If a photograph can be replaced by a clear ink drawing, the USPTO may require such a replacement.

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

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

Color drawings or photographs are generally not allowed in patent applications without special permission. MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: … (G) contain color drawings or color photographs, but not a petition to accept color drawings/photographs.

If an applicant wishes to include color drawings or photographs, they must file a petition to accept them. It’s important to note that the requirement for a black and white photocopy of color drawings/photographs has been eliminated. Applicants should be prepared to justify the need for color in their drawings or photographs when filing such a petition.

No, the USPTO does not return annotated sheets submitted for patent drawing corrections. According to MPEP 608.02(v), “Annotated sheets filed by an applicant and used for correction of the drawing will not be returned.” This policy ensures that the USPTO maintains a complete record of all proposed changes to the patent drawings throughout the examination process.

To learn more:

• patent drawings
• annotated sheets
• USPTO procedures
• drawing corrections

The United States Patent and Trademark Office (USPTO) does not return patent application drawings for several reasons:

• To maintain a complete and accurate record of all submitted materials
• To ensure consistency in the application process
• To avoid potential disputes over the content of submitted drawings

The MPEP Section 608.02(y) clearly states:

Drawings will not be returned to the applicant.

This policy underscores the importance of applicants retaining copies of all materials submitted to the USPTO, including drawings, for their own records and potential future reference.

To learn more:

• USPTO policy
• patent drawings
• application records
• document retention

Generally, prior art figures are discouraged in patent applications. As stated in MPEP 608.02(g), Figures showing the prior art are usually unnecessary and should be canceled. This principle is based on the decision in Ex parte Elliott, 1904 C.D. 103, 109 OG 1337 (Comm’r Pat. 1904).

However, there are exceptions to this rule. The MPEP states that prior art figures may be retained where needed to understand applicant’s invention. In such cases, these figures must be clearly labeled as prior art.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application

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:

• patent drawings
• OPAP
• examination requirements
• corrected drawings

Annotated sheets are required for patent drawing changes in specific circumstances. According to MPEP 608.02(v), annotated sheets are necessary “When changes are to be made in the drawing itself, other than mere changes in reference characters, designations of figures, or inking over lines pale and rough.” However, the MPEP also notes that “Ordinarily, broken lines may be changed to full without a sketch.” This means that substantial changes to the drawing content require annotated sheets, while minor alterations may not.

To learn more:

• patent drawings
• annotated sheets
• drawing changes
• USPTO requirements

According to MPEP 608.02(w), there are two types of numeral changes that can be made to patent drawings without requiring annotated sheets from the applicant:

1. Changing one or two numerals or figure ordinals
2. Changing Roman Numerals to Arabic Numerals to agree with the specification

The MPEP states:

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: (B) Changing one or two numerals or figure ordinals. … (E) Changing Roman Numerals to Arabic Numerals to agree with specification.

These provisions allow for minor numerical corrections or adjustments to ensure consistency between the drawings and the specification without necessitating a formal submission from the applicant.

To learn more:

• patent drawings
• numeral changes
• drawing corrections
• USPTO
• MPEP

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 you need your original patent drawings, it’s important to understand that the United States Patent and Trademark Office (USPTO) does not return submitted drawings. As stated in MPEP Section 608.02(y):

Drawings will not be returned to the applicant.

Given this policy, here are some recommendations:

• Always keep high-quality copies or digital scans of your original drawings before submitting them to the USPTO.
• If you need the exact drawings on file, you can request certified copies from the USPTO.
• For future applications, consider using digital drawing tools that allow you to save and reproduce your drawings easily.

Remember, maintaining your own complete set of application materials, including drawings, is crucial for your records and potential future needs.

To learn more:

• patent drawings
• document retention
• USPTO certified copies
• digital drawings

When submitting replacement drawing sheets for patent applications, applicants should ensure the following:

1. Include all figures from the immediate prior version of the sheet, even if only one figure is being amended.
2. Label the sheet as ‘Replacement Sheet’ in the top margin.
3. Include the application number and art unit in the upper center margin.
4. Do not label amended drawing figures as ‘amended’.
5. Remove canceled figures and renumber remaining figures if necessary.

The MPEP 608.02(b) states:

Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as ‘amended.’

Additionally, a marked-up copy of the replacement sheet with annotations indicating changes may be required.

To learn more:

• patent drawings
• replacement sheets
• drawing amendments
• figure labeling

Patent drawings should include every feature of the invention specified in the claims, as required by 37 CFR 1.83(a). Key elements to include are:

• All claimed features of the invention
• Sufficient views to show the entire structure of the invention
• Proper use of reference characters corresponding to elements described in the specification
• Conventional features may be shown as a labeled rectangular box

However, the drawings should not contain excessive text or duplicate information already present in the specification. Tables and sequences included in the specification should not be duplicated in the drawings.

If the nature of the invention allows, the drawings should also show the improved portion disconnected from the old structure, as well as enough of the old structure to show the connection of the invention, as per 37 CFR 1.83(b).

To learn more:

• patent drawings
• drawing content
• invention features

The use of annotated sheets in patent drawings is governed by specific regulations. MPEP 608.02(v) references two key regulations: “See 37 CFR 1.84(c) and 1.121(d).” 37 CFR 1.84(c) provides guidelines for identifying and labeling drawings, while 37 CFR 1.121(d) outlines the procedures for making changes to drawings. These regulations ensure that annotated sheets are properly prepared and submitted in accordance with USPTO requirements.

To learn more:

• patent drawings
• annotated sheets
• USPTO regulations
• drawing changes

The key factors for acceptable patent drawings are readability and reproducibility. MPEP 608.02(i) states that “Drawings that do not comply with all of the form requirements of 37 CFR 1.84 may be acceptable for the purposes of publication and examination if the drawings are readable and reproducible for publication purposes.” This means that even if drawings don’t meet all formal requirements, they may still be accepted if they clearly convey the invention and can be properly reproduced in published documents. However, applicants should still aim to comply with 37 CFR 1.84 to ensure the best possible representation of their invention.

To learn more:

• patent drawings
• USPTO requirements
• drawing acceptability

When a claim discloses subject matter not shown in the drawing or described in the description, the applicant may be required to amend the drawing and description. However, this requirement is contingent on the claim providing sufficiently specific and detailed disclosure. The MPEP 608.01(l) states: “It is, of course, to be understood that this disclosure in the claim must be sufficiently specific and detailed to support the necessary amendment of the drawing and description.” This means that the claim must provide enough information to enable a person skilled in the art to make the necessary amendments to the drawings and description.

To learn more:

• patent drawings
• patent description
• claim amendments
• MPEP

The primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507:

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.

It’s important to note that design applications are not subject to this review as they are not published.

The provision in MPEP 608.02(w) allowing minor drawing changes without requiring annotated sheets from the applicant serves several purposes:

• Streamlines the patent examination process
• Reduces administrative burden on applicants
• Allows for quick resolution of minor drawing issues
• Facilitates efficient preparation of applications for issue

The MPEP states: Where an application is ready for issue except for a slight defect in the drawing not involving change in structure, the examiner will prepare a letter to the applicant indicating the change to be made…

This approach ensures that minor drawing corrections can be made efficiently, without delaying the issuance of patents due to small, easily resolvable issues in the drawings.

To learn more:

• patent drawings
• drawing changes
• patent examination
• USPTO
• MPEP

When canceling a figure in a patent application, the following procedure should be followed:

• Submit a replacement sheet of drawings without the canceled figure.
• If the canceled figure was the only drawing on the sheet, provide a marked-up copy of the drawing sheet with an annotation showing the cancellation.
• Label the marked-up copy as “Annotated Sheet”.
• Present the annotated sheet in the amendment or remarks section explaining the changes.
• Amend the brief description of the drawings to reflect the change.

This procedure is outlined in MPEP 608.02(t), which states: “If a drawing figure is canceled, a replacement sheet of drawings must be submitted without the figure (see 37 CFR 1.121(d)). If the canceled drawing figure was the only drawing on the sheet, then only a marked-up copy of the drawing sheet including an annotation showing that the drawing has been cancelled is required.”

To learn more:

• Patent drawings
• Figure cancellation
• Drawing amendments
• Patent application procedure

The examiner plays a crucial role in ensuring the completeness and consistency of patent application drawings. According to MPEP 608.02(e), the examiner should:

• Ensure figures are correctly described in the brief description of the drawings section
• Verify reference characters are properly applied
• Check that no single reference character is used for two different parts or for a given part and its modification
• Confirm there are no superfluous illustrations

The examiner may use specific form paragraphs to require corrections if any issues are identified.

To learn more:

• patent drawings
• examiner review
• drawing consistency
• reference characters

The deadline for submitting corrected patent drawings depends on when the requirement is made:

1. If required in an Office action: The deadline will be specified in the Office action.
2. If required in a Notice of Allowability: Applicants have three months from the mailing date of the notice to submit corrected drawings.

The MPEP 608.02(b) states:

If a corrected drawing is required or if a drawing does not comply with § 1.84 or an amended drawing submitted under § 1.121(d) in a nonprovisional international design application does not comply with § 1.1026 at the time an application is allowed, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mail date of the notice of allowability within which the applicant must file a corrected drawing in compliance with § 1.84 or 1.1026, as applicable, to avoid abandonment.

It’s crucial to meet these deadlines to avoid potential abandonment of the application.

To learn more:

• patent drawings
• corrected drawings
• drawing deadline
• Notice of Allowability

When responding to an objection regarding unlabeled prior art figures, applicants must follow specific procedures for submitting corrected drawings. According to MPEP 608.02(g), the process involves:

1. Submitting corrected drawings in compliance with 37 CFR 1.121(d).
2. Labeling the replacement sheet(s) as ‘Replacement Sheet’ in the page header, as per 37 CFR 1.84(c).
3. Ensuring that the labeling does not obstruct any portion of the drawing figures.
4. Designating the prior art figure with a legend such as ‘Prior Art’.

The MPEP states: Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled ‘Replacement Sheet’ in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures.

It’s crucial to follow these instructions carefully to ensure that the objection is resolved and to avoid further complications in the patent prosecution process.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application
• Corrected Drawings
• Replacement Sheet

All modifications described in a patent application must be illustrated in the drawings, or the text describing those modifications must be canceled. This requirement is based on Ex parte Peck, 1901 C.D. 136, 96 OG 2409 (Comm’r Pat. 1901). The MPEP section 608.02(f) states:

“All modifications described must be illustrated, or the text canceled.”

However, there are two exceptions to this rule:

• Minor variations
• Well-known and conventional parts

These exceptions do not require illustration. This requirement ensures that the patent application provides a clear and complete disclosure of the invention.

To learn more:

• patent drawings
• modifications
• illustrations
• Ex parte Peck
• minor variations
• conventional parts

If the Office of Data Management receives drawings that cannot be scanned or are otherwise unacceptable for publication, they will take the following action:

If the Office of Data Management receives drawings that cannot be scanned or are otherwise unacceptable for publication, the Office of Data Management will mail a requirement for corrected drawings, giving applicant a shortened statutory period of two months to reply.

This process ensures that only high-quality, publishable drawings are included in the final patent publication. Applicants should be prepared to respond quickly to such requests to avoid delays in the patent granting process.

To learn more:

• unacceptable drawings
• Office of Data Management
• publication requirements
• patent drawings

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 prior art figures are not properly labeled in a patent application, the patent examiner will likely issue an objection. According to MPEP 608.02(g), examiners may use form paragraph 6.36.01 to address this issue:

Figure [1] should be designated by a legend such as –Prior Art– because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application.

This objection requires the applicant to submit corrected drawings with proper labeling. The MPEP further states that The replacement sheet(s) should be labeled ‘Replacement Sheet’ in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the corrections are not made, the objection will be maintained in subsequent Office actions.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application
• Examiner Objections

If patent drawings do not comply with the requirements set forth in MPEP 608.02(d), the following process occurs:

1. The examiner will require additional illustration
2. A notice will be sent to the applicant
3. The applicant will have at least two months from the date of the notice to submit corrected drawings
4. Corrections must comply with 37 CFR 1.81(d)

According to the MPEP: Where the drawings in a nonprovisional application do not comply with the requirements of paragraphs (a) and (b) of this section, the examiner shall require such additional illustration within a time period of not less than two months from the date of the sending of a notice thereof. This process ensures that all necessary details are properly illustrated before the application can proceed.

To learn more:

• patent drawings
• drawing corrections
• noncompliant drawings
• USPTO requirements

If OPAP objects to the drawings in a patent application, the following process occurs:

1. OPAP sends a Notice to the applicant requiring submission of corrected drawings.
2. The Notice typically sets a time period of two months for response.
3. Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
4. No fee is required for filing the corrected drawings requested by OPAP.

MPEP 507 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 crucial to respond within the set time period to avoid potential abandonment of the application.

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:

• patent drawings
• informal drawings
• OPAP
• patent application

If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.

According to MPEP 608.02(w), certain minor drawing changes can be made without requiring annotated sheets from the applicant. These changes include:

• Adding two or three reference characters or exponents
• Changing one or two numerals or figure ordinals
• Removing superfluous matter
• Adding or reversing directional arrows
• Changing Roman Numerals to Arabic Numerals to agree with specification
• Adding section lines or brackets, where easily executed
• Changing lead lines
• Correcting misspelled legends

The examiner can suggest these changes in a letter to the applicant, often including a marked-up copy of the drawing showing the proposed additions or alterations.

To learn more:

• patent drawings
• drawing changes
• patent application
• USPTO
• MPEP

What are the rules for submitting color drawings in a patent application?

Submitting color drawings in a patent application requires special considerations and procedures. According to MPEP 608.02:

“Color drawings are not ordinarily permitted in utility patent applications. The Office will accept color drawings in utility patent applications only after granting a petition filed under this paragraph explaining why the color drawings are necessary.”

To submit color drawings:

• File a petition explaining why color drawings are necessary
• Pay the required petition fee
• Include three sets of color drawings or color photographs
• Amend the specification to include the reference to color drawings

The MPEP further states: “Color photographs will be accepted in utility patent applications if the conditions for accepting color drawings have been satisfied.” It’s important to note that even if the petition is granted, the patent will be printed in black and white unless color printing fees are paid.

For design patent applications, color drawings are generally acceptable without a petition, but specific requirements still apply regarding the quality and format of the drawings.

To learn more:

• patent drawings
• color drawings
• utility patent
• design patent

What are the requirements for submitting photographs as drawings in a patent application?

Photographs are generally not permitted as drawings in patent applications unless they are the only practicable medium for illustrating the claimed invention. According to MPEP 608.02, “The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention.” The MPEP further states:

“The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.”

To submit photographs as drawings:

• Ensure they are the only practicable medium for illustrating the invention
• Provide high-quality photographs that clearly show all details
• Submit them on paper that complies with drawing sheet requirements
• Include any necessary mounting on bristol board or equivalent

It’s important to note that color photographs are not ordinarily permitted in utility patent applications.

To learn more:

• patent drawings
• photographs
• utility patent
• design patent

When submitting amended drawing sheets in response to objections, proper labeling is crucial. According to MPEP 608.02(e), the requirements for labeling amended drawing sheets are:

1. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either ‘Replacement Sheet’ or ‘New Sheet’.
2. This labeling must be done pursuant to 37 CFR 1.121(d).
3. The figure or figure number of an amended drawing should not be labeled as ‘amended’.

It’s important to note that Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. This ensures continuity and completeness in the drawing record.

To learn more:

• patent drawings
• amended drawings
• drawing labels
• replacement sheets

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 drawings
• OPAP
• drawing requirements
• patent application

According to MPEP 201.04, the required components of a provisional patent application are:

• A specification as prescribed by 35 U.S.C. 112(a)
• Any drawings required by 37 CFR 1.81(a)
• A cover sheet as required by 37 CFR 1.51(c)(1), which may be an application data sheet, form SB/16, or a cover letter identifying the application as provisional

The MPEP states, No amendment, other than to make the provisional application comply with the patent statute and all applicable regulations, may be made to the provisional application after the filing date of the provisional application.

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

For more information on provisional application, visit: provisional application.

Showing modified forms of construction in the same figure is objectionable under 37 CFR 1.84(h)(5). The MPEP section 608.02(f) provides a form paragraph (6.22.05) that examiners can use to object to such drawings:

“The drawings are objected to under 37 CFR 1.84(h)(5) because Figure [1] show(s) modified forms of construction in the same view.”

This objection is made to ensure clarity in patent drawings and to prevent confusion between different forms or modifications of the invention. Applicants are required to submit corrected drawing sheets in compliance with 37 CFR 1.121(d) to address this objection.

To learn more:

• patent drawings
• modified forms
• construction
• objections
• 37 CFR 1.84(h)(5)

To learn more:

• 37 CFR 1.84(h)(5)

MPEP 507 outlines specific requirements for margins and paper size in patent drawings:

Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);

These requirements are based on 37 CFR 1.84(f) and (g). Adhering to these specifications ensures that the drawings can be properly scanned and reproduced in the patent publication process.

A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include:

• A specification as prescribed by 35 U.S.C. 112
• A drawing as prescribed by 35 U.S.C. 113 (if necessary)
• An oath or declaration as prescribed by 35 U.S.C. 115
• The application filing fee

The MPEP states: Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115.

It’s important to note that while claims and drawings are not required for obtaining a filing date (except for design applications), they are necessary for a complete application and must be submitted to avoid abandonment.

For more information on filing requirements, visit: filing requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on oath or declaration, visit: oath or declaration.

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

What are the guidelines for submitting drawings on recycled paper?

The USPTO has specific guidelines for submitting drawings on recycled paper:

• Recycled paper is acceptable for patent application drawings.
• The paper must meet the requirements for archival quality and durability.
• It should not have any imperfections that would interfere with the clarity of the drawing.

According to MPEP 608.02: ‘Drawings submitted to the Office must be made on paper which is flexible, strong, white, smooth, non-shiny, and durable.’

While recycled paper is allowed, it’s crucial to ensure that it meets all the necessary quality standards to avoid potential issues with the examination process or long-term storage of the patent documents.

To learn more:

• recycled paper
• patent drawings
• paper quality
• archival quality

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

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

For more information on PLTIA, visit: PLTIA.

The examiner’s responsibilities regarding drawing corrections in patent applications include:

• Determining if the drawings are complete and consistent with the specification and claims
• Informing the applicant of any drawing corrections required
• Providing reasons for any objections or rejections related to the drawings

As stated in MPEP 608.02(e): ‘The examiner should see to it that the drawings are correct, complete, and consistent with the specification and claims.’ This means the examiner must carefully review the drawings and ensure they accurately represent the invention described in the application.

To learn more:

• patent drawings
• examiner responsibilities
• drawing corrections

For patent applications filed before December 18, 2013, drawings were generally required to receive a filing date. As stated in the MPEP, For applications filed prior to December 18, 2013, 35 U.S.C. 111(a)(4) and 35 U.S.C. 111(b)(4) each provide, in part, that the ‘filing date… shall be the date on which… any required drawing are received in the Patent and Trademark Office.’ This means that if drawings were necessary for understanding the invention, they had to be included in the initial filing to secure a filing date.

To learn more:

• patent drawings
• filing date
• USPTO requirements

The USPTO has specific requirements for patent drawings, but they have become more flexible in recent years. According to MPEP 608.02(i), “Drawings that do not comply with all of the form requirements of 37 CFR 1.84 may be acceptable for the purposes of publication and examination if the drawings are readable and reproducible for publication purposes.” This means that while there are still formal requirements outlined in 37 CFR 1.84, the USPTO may accept drawings that don’t meet all these requirements as long as they are clear enough for publication and examination.

To learn more:

• patent drawings
• USPTO requirements
• drawing standards

Failing to show claimed features in patent drawings can lead to objections and potential issues with the patent application. According to MPEP 608.02(d), the examiner may issue an objection using Form Paragraph 6.36, which states:

The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the [specific feature] must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.

Consequences of this objection include:

• Required submission of corrected drawing sheets
• Potential cancellation of claims if features cannot be shown
• Risk of application abandonment if corrections are not made

To avoid these issues, ensure that all claimed features are clearly illustrated in the patent drawings.

To learn more:

• patent drawings
• claimed features
• drawing objections
• patent application

Failing to address drawing objections can have serious consequences for a patent application. According to MPEP 608.02(e), the primary consequence is the potential abandonment of the application. The MPEP states:

Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application.

Additionally, it’s important to note that drawing objections cannot be held in abeyance. The MPEP clarifies:

Unless applicant is otherwise notified in an Office action, objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action.

This means that failing to address drawing objections can prevent the application from progressing, potentially leading to delays or even abandonment.

To learn more:

• patent drawings
• drawing objections
• application abandonment
• patent prosecution

OPAP may object to patent drawings for several reasons, including:

1. Line quality issues
2. Missing lead lines
3. Excessive or non-English text
4. Incorrect margins or paper size
5. Improper figure labeling
6. Illegible photographs
7. Unauthorized color drawings or photographs

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);

According to 37 CFR 1.84(a), there are two acceptable categories for presenting drawings in utility and design patent applications:

1. Black ink drawings: Black and white drawings are normally required. India ink or its equivalent must be used to secure solid black lines.
2. Color drawings/photographs: Color drawings are permitted in design applications without a petition. For utility applications, color drawings or photographs require a granted petition explaining why color is necessary.

Additionally, grayscale drawings and black and white photographs may be acceptable in certain circumstances, such as when they are the only practicable medium for illustrating the claimed invention.

To learn more:

• patent drawings
• drawing formats
• color drawings

Common objections to patent drawings, as outlined in MPEP 608.02(e), include:

• Failure to show essential structural details (Form Paragraph 6.22.01)
• Different reference numbers referring to the same part (Form Paragraph 6.22.02)
• The same reference number used for different parts (Form Paragraph 6.22.03)
• Reference signs mentioned in the description but not in the drawings (Form Paragraph 6.22.06)
• Reference characters in the drawings not mentioned in the description (Form Paragraph 6.22.07)

These objections are based on non-compliance with various sections of 37 CFR 1.84, which governs standards for drawings in patent applications.

To learn more:

• patent drawings
• drawing objections
• reference characters
• structural details

Annotated sheets in patent drawings are marked-up copies of drawings that show proposed changes to the original drawings. According to MPEP 608.02(v), “When changes are to be made in the drawing itself, other than mere changes in reference characters, designations of figures, or inking over lines pale and rough, a marked-up copy of the drawing should be filed with a replacement drawing.” These annotated sheets are used to clearly indicate the modifications being made to the original drawings.

To learn more:

• patent drawings
• annotated sheets
• drawing changes
• USPTO procedures

Reference characters in patent drawings should be used according to the following guidelines from 37 CFR 1.84(p):

• Use Arabic numerals, preferably in the clockwise direction and starting with the number 1
• Use plain legible symbols and characters
• Must measure at least 0.32 cm (1/8 inch) in height
• Should not be placed upon hatched or shaded surfaces
• Must be different for different parts; the same part must be designated by the same reference character throughout the application
• Lead lines must be used to indicate the parts to which they refer and should not cross each other

Additionally, reference characters mentioned in the description must appear in the drawings, and vice versa. Characters not mentioned in the description should not appear in the drawings.

To learn more:

• reference characters
• patent drawings
• drawing labels

Reference characters in patent drawings and descriptions play a crucial role in clearly illustrating and explaining the invention. According to MPEP 608.01(g), there are specific rules for using reference characters:

“The reference characters must be properly applied, no single reference character being used for two different parts or for a given part and a modification of such part. See 37 CFR 1.84(p).”

Here are the key points to remember:

• Each unique part of the invention should have its own reference character.
• Do not use the same reference character for different parts.
• Do not use different reference characters for the same part.
• Reference characters in the drawings should match those used in the description.
• Every feature specified in the claims must be illustrated.
• Avoid superfluous illustrations that don’t correspond to claimed features.

Proper use of reference characters ensures clarity and consistency between your drawings and written description, which is essential for a comprehensive and easily understood patent application.

To learn more:

• Patent Drawings
• Reference Characters
• Detailed Description
• Patent Application

When including prior art figures in a patent application, proper labeling is crucial. According to MPEP 608.02(g), prior art figures should be designated by a legend such as ‘Prior Art.’ This labeling is essential to distinguish prior art from the applicant’s invention.

If a prior art figure is not correctly labeled, patent examiners may use form paragraph 6.36.01, which states: Figure [1] should be designated by a legend such as –Prior Art– because only that which is old is illustrated. See MPEP § 608.02(g). This paragraph instructs the applicant to correct the labeling to comply with the MPEP guidelines.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application
• Labeling

When illustrating improvements on existing inventions, patent drawings should follow specific guidelines as outlined in MPEP 608.02(d):

1. Show the improved portion disconnected from the old structure
2. In a separate view, show only enough of the old structure to demonstrate the connection with the improvement

The MPEP cites 37 CFR 1.83(b): When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith. This approach helps to clearly distinguish the new, improved elements from the existing technology.

To learn more:

• patent drawings
• improvement inventions
• existing technology
• illustration guidelines

How should graphical drawings be prepared for a patent application?

Graphical drawings in patent applications must meet specific requirements to ensure clarity and reproducibility. According to MPEP 608.02:

“The graphic forms in drawings are lines, numbers, and letters. Drawings should be prepared with the proper rendition of graphic forms.”

Key guidelines for preparing graphical drawings include:

• Use solid black lines of uniform thickness
• Choose line thickness appropriate for the scale and complexity of the drawing
• Avoid shading unless necessary to show the shape of elements
• Use reference characters (numbers, letters) consistently throughout the application
• Ensure all text is legible and at least 1/8 inch (0.32 cm) in height
• Avoid crowding; leave sufficient white space between elements

The MPEP also states: “All drawings must be made by a process which will give them satisfactory reproduction characteristics.” This means the drawings should be clear, sharp, and suitable for reproduction in both paper and electronic formats.

To learn more:

• patent drawings
• graphical drawings
• drawing requirements

According to MPEP 507, figures in patent drawings should be labeled as follows:

Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);

This labeling convention ensures clarity and consistency in referencing figures throughout the patent application and publication. Improper labeling may result in an objection from OPAP and require correction.

When a claim in the original application discloses subject matter not shown in the drawing or described in the description, examiners should treat the claim on its merits and require amendments to the drawing and description. The MPEP 608.01(l) states: “Where subject matter not shown in the drawing or described in the description is claimed in the application as filed, and such claim itself constitutes a clear disclosure of this subject matter, then the claim should be treated on its merits, and requirement made to amend the drawing and description to show this subject matter.” It’s important to note that the deficiency lies in the drawing and description, not in the claim itself.

To learn more:

• patent claims
• patent examination
• MPEP
• patent drawings

When submitting corrected drawing sheets in response to objections, applicants must follow specific guidelines as outlined in the MPEP section 608.02(f):

• Submit corrected drawing sheets in compliance with 37 CFR 1.121(d).
• Include all figures from the immediate prior version of the sheet, even if only one figure is being amended.
• Do not label amended drawing figures as “amended.”
• If canceling a figure, remove it from the replacement sheet and renumber remaining figures if necessary.
• Label each drawing sheet submitted after the filing date as either “Replacement Sheet” or “New Sheet” in the top margin.

These requirements ensure proper documentation and clarity in the patent application process. Failure to comply may result in abandonment of the application.

To learn more:

• patent drawings
• corrected drawings
• replacement sheets
• 37 CFR 1.121(d)
• drawing objections

To learn more:

• 37 CFR 1.121(d)

According to MPEP 608.02(d), conventional features in patent drawings should be illustrated as follows:

• Use graphical drawing symbols
• Use labeled representations (e.g., a labeled rectangular box)

The MPEP states: However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box).

This approach simplifies the drawings while still providing necessary information about conventional elements. It allows the focus to remain on the novel aspects of the invention while acknowledging the presence of standard components.

To learn more:

• patent drawings
• conventional features
• graphical symbols
• labeled representations

Annotated sheets for patent drawings must be prepared according to specific guidelines. MPEP 608.02(v) states that “The marked-up copy must be clearly labeled as ‘Annotated Sheet.'” Additionally, the MPEP specifies that “All such annotated sheets must be in ink or permanent prints.” This ensures that the proposed changes are clearly visible and permanent. When submitting annotated sheets, they should be accompanied by a replacement drawing that incorporates the proposed changes.

To learn more:

• patent drawings
• annotated sheets
• drawing changes
• USPTO procedures

When responding to drawing objections, an applicant should:

1. Submit corrected drawing sheets in compliance with 37 CFR 1.121(d)
2. Include all figures from the immediate prior version, even if only one figure is amended
3. Label new sheets as ‘Replacement Sheet’ or ‘New Sheet’ in the top margin
4. Ensure any amended drawing figure is not labeled as ‘amended’

As stated in MPEP 608.02(e), Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. It’s important to note that objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action.

To learn more:

• patent drawings
• drawing objections
• corrected drawings
• 37 CFR 1.121(d)

To learn more:

• 37 CFR 1.121(d)

For non-design patent applications filed on or after December 18, 2013, the drawing requirements have been relaxed. The MPEP states: Applications, which are not design applications, filed under 35 U.S.C. 111(a) or (b) on or after December 18, 2013 are entitled to a filing date even if the application does not contain drawings. However, it’s important to note that while drawings are not required for a filing date, they should still be submitted if necessary for understanding the invention, as no amendment may introduce new matter into the disclosure of an application after its filing date.

To learn more:

• patent drawings
• filing date
• USPTO requirements
• new matter

The USPTO has changed its approach to classifying patent drawings. According to MPEP 608.02(i), “the Office no longer considers drawings as formal or informal.” This means that the traditional distinction between formal and informal drawings has been eliminated. Instead, the focus is on whether the drawings are sufficient for publication and examination purposes, regardless of their formal classification.

To learn more:

• patent drawings
• USPTO classification
• drawing standards

How are drawing errors handled in patent applications?

Drawing errors in patent applications are typically addressed as follows:

1. Minor errors: The examiner may handle these by annotations or corrections with the concurrence of the applicant.
2. Substantial errors: These require the applicant to submit corrected drawings.

According to MPEP 608.02:

‘In instances where the drawing is such that the prosecution can be carried on without the corrections, applicant is informed of the reasons why the drawing is objected to on Form PTO-948 or in an examiner’s action, and that the drawing is accepted as filed.’

If corrections are necessary, the examiner will set a time period for submission. Failure to submit corrected drawings may result in abandonment of the application.

To learn more:

• patent drawings
• drawing errors
• patent application procedure

Black and white photographs and grayscale drawings are handled uniformly across various types of patent applications and proceedings. According to MPEP 608.02(c):

Black and white photographs and grayscale drawings in: (i) provisional applications under 35 U.S.C. 111(b); (ii) nonprovisional utility and design patent applications under 35 U.S.C. 111(a), including reissue utility and design patent applications; (iii) national stage applications under 35 U.S.C. 371; (iv) international applications (PCT); (v) international design applications; (vi) reexamination proceedings for utility patents and design patents; and (vii) supplemental examination proceedings will be stored in SCORE, and a black and white copy will be stored in IFW along with a SCORE placeholder sheet.

In summary, these types of drawings are:

• Stored in SCORE (Supplemental Content Repository)
• A black and white copy is stored in IFW (Image File Wrapper)
• A SCORE placeholder sheet is included in the IFW

To learn more:

• patent drawings
• photographs
• grayscale drawings
• SCORE
• IFW
• patent applications

Black and white line drawings are handled differently depending on the type of application:

• For provisional applications, nonprovisional utility patent applications, international applications (PCT), national stage applications, and reexamination proceedings for utility patents, they are converted into TIFF images and stored in IFW (Image File Wrapper).
• For design applications, including reissue design patent applications, international design applications, and reexamination proceedings for design patents, they are stored in SCORE (Supplemental Content Repository), with a black and white copy stored in IFW along with a SCORE placeholder sheet.

As stated in the MPEP: Black and white line drawings submitted in: (i) provisional applications under 35 U.S.C. 111(b); (ii) nonprovisional utility patent applications under 35 U.S.C. 111(a), including reissue utility patent applications; (iii) international applications (PCT) and national stage applications under 35 U.S.C. 371; and (iv) reexamination proceedings for utility patents will be converted into TIFF images and stored in IFW.

To learn more:

• patent drawings
• IFW
• SCORE
• TIFF images
• utility patents
• design patents

When patent drawings are found to be unacceptable, the USPTO notifies applicants through the following process:

1. The examiner advises the applicant in the first Office action about why the drawings are unacceptable.
2. The examiner may use specific form paragraphs to explain the defects in the drawings.
3. Applicants are informed that new corrected drawings are required.

The MPEP 608.02(b) states: If the original drawings are unacceptable, applicant will be notified and informed of what the objections are and that new corrected drawings are required.

It’s important to address these issues promptly to avoid delays in the patent application process.

To learn more:

• patent drawings
• unacceptable drawings
• USPTO notification
• drawing corrections

Yes, in most cases, you need to submit a replacement sheet when canceling a patent drawing figure. However, there is an exception:

• If the canceled figure was the only drawing on the sheet, you only need to submit a marked-up copy of the drawing sheet with an annotation showing the cancellation.
• In all other cases, you must submit a replacement sheet of drawings without the canceled figure.

MPEP 608.02(t) states: “If a drawing figure is canceled, a replacement sheet of drawings must be submitted without the figure (see 37 CFR 1.121(d)). If the canceled drawing figure was the only drawing on the sheet, then only a marked-up copy of the drawing sheet including an annotation showing that the drawing has been cancelled is required.”

To learn more:

• Patent drawings
• Figure cancellation
• Drawing amendments
• Replacement sheet

No, the USPTO does not release drawings for correction. According to MPEP 608.02(b), which cites 37 CFR 1.85(b):

The Office will not release drawings for purposes of correction. If corrections are necessary, new corrected drawings must be submitted within the time set by the Office.

This means that applicants must submit new, corrected drawings rather than requesting the original drawings for modification. It’s the applicant’s responsibility to prepare and submit corrected drawings that meet the USPTO’s requirements.

To learn more:

• patent drawings
• drawing corrections
• USPTO policy
• corrected drawings

Yes, removing superfluous matter from patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. MPEP 608.02(w) states:

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (C) Removing superfluous matter.

This provision allows examiners to suggest the removal of unnecessary elements from the drawings, helping to improve clarity and focus on the essential aspects of the invention without requiring a formal submission of annotated sheets by the applicant.

To learn more:

• patent drawings
• superfluous matter
• drawing corrections
• USPTO
• MPEP

No, sequence listings or tables should not be duplicated in both the drawings and the specification of a patent application. The MPEP 608.02(d) clearly states:

If an application filed under 35 U.S.C. 111 or under 35 U.S.C. 371 includes a sequence listing or a table, such a sequence listing or table should not be included in both the drawings and the descriptive portion of the specification.

This requirement helps to avoid redundancy and potential inconsistencies between the drawings and the specification. Applicants should include sequence listings and tables in the appropriate sections of the specification only.

To learn more:

• sequence listings
• tables
• patent drawings
• patent specification

Yes, according to MPEP 608.02(w), adding two or three reference characters or exponents is one of the changes that can be made to patent drawings without requiring annotated sheets from the applicant. The MPEP states:

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: (A) Adding two or three reference characters or exponents.

This allows for minor additions to improve the clarity of the drawings without necessitating a formal submission from the applicant.

To learn more:

• patent drawings
• reference characters
• drawing changes
• USPTO
• MPEP

No, objections to drawings in utility or plant applications cannot be held in abeyance. The MPEP section 608.02(f) clearly states:

“Unless applicant is otherwise notified in an Office action, objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action.”

This policy is based on 37 CFR 1.85(a) and ensures that drawing issues are addressed promptly in the patent application process. Applicants must respond to drawing objections in a timely manner to avoid potential abandonment of their application.

To learn more:

• patent drawings
• drawing objections
• utility applications
• plant applications
• abeyance
• 37 CFR 1.85(a)

To learn more:

• 37 CFR 1.85(a)

No, modifications cannot be shown in broken lines on figures that show another form of the invention in solid lines. This is based on the principle established in Ex parte Badger, 1901 C.D. 195, 97 OG 1596 (Comm’r Pat. 1901). The MPEP section 608.02(f) states:

“Modifications may not be shown in broken lines on figures which show in solid lines another form of the invention.”

This rule ensures clarity and prevents confusion in patent drawings by keeping different forms of the invention visually distinct.

To learn more:

• patent drawings
• modifications
• broken lines
• solid lines
• Ex parte Badger

Yes, correcting misspelled legends in patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. According to MPEP 608.02(w):

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (H) Correcting misspelled legends.

This provision allows for the correction of minor typographical errors in drawing legends, improving the accuracy of the patent application without the need for a formal submission of annotated sheets by the applicant.

To learn more:

• patent drawings
• misspelled legends
• drawing corrections
• USPTO
• MPEP

Yes, you can include a copyright or mask work notice in patent drawings, but it must comply with specific requirements. According to 37 CFR 1.84(s) and MPEP 608.01(w):

A copyright or mask work notice may appear in the drawing, but must be placed within the sight of the drawing immediately below the figure representing the copyright or mask work material and be limited to letters having a print size of .32 cm. to .64 cm. (1/8 to 1/4 inches) high.

Additionally, the content of the notice must be limited to only those elements provided for by law, and the authorization language specified in 37 CFR 1.71(e) must be included at the beginning of the specification. If these conditions are met, the notice will not be objected to as extraneous matter under 37 CFR 1.84.

To learn more:

• Copyright notice in drawings
• Mask work notice in drawings
• Patent drawings
• USPTO requirements

No, you cannot get your patent application drawings returned. The United States Patent and Trademark Office (USPTO) clearly states in the Manual of Patent Examining Procedure (MPEP) Section 608.02(y) that:

Drawings will not be returned to the applicant.

This policy ensures that the USPTO maintains a complete record of all submitted materials for each patent application. It’s important for applicants to keep copies of all documents, including drawings, submitted to the USPTO.

To learn more:

• patent drawings
• USPTO policy
• application materials
• document retention

Generally, no. According to MPEP 608.02(i), “Drawings cannot normally be transferred from a first pending application to another as the Office no longer considers drawings as formal or informal.” This means that each application typically requires its own set of drawings that comply with the specific requirements for that application.

To learn more:

• patent drawings
• application transfer
• USPTO procedures

Can drawings be amended after the application filing date without introducing new matter?

Amending drawings after the application filing date without introducing new matter is possible, but it requires careful consideration. According to MPEP 608.04(a):

‘An amendment to the drawings, however, which adds a feature not disclosed in the original drawings or specification involves new matter.’

This means that while you can make amendments to drawings, any new features or elements not disclosed in the original application will be considered new matter. Acceptable amendments typically include:

• Correcting minor errors or inconsistencies
• Improving clarity or resolution of existing features
• Adding reference numbers or labels to existing elements

It’s crucial to ensure that any changes to drawings are fully supported by the original disclosure. If significant changes are needed that would introduce new matter, filing a continuation-in-part application may be necessary.

To learn more:

• patent drawings
• amendments
• new matter
• MPEP 608.04(a)

To learn more:

• MPEP 608.04(a)

Can drawings be added to a patent application after the filing date?

According to MPEP 608.04(a), adding drawings to a patent application after the filing date is generally considered new matter. 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 includes new drawings. However, there are exceptions:

• If the drawings merely depict what was already described in the original written description, they might be allowable.
• Drawings may be accepted if they are clearly supported by the original disclosure and do not introduce new information.

It’s crucial to include all necessary drawings with the initial application to avoid potential new matter issues.

To learn more:

• patent drawings
• new matter
• filing date
• MPEP 608.04(a)

To learn more:

• MPEP 608.04(a)

Yes, adding or reversing directional arrows in patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. According to MPEP 608.02(w):

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (D) Adding or reversing directional arrows.

This provision allows examiners to suggest the addition or modification of directional arrows to improve the clarity and understanding of the drawings without necessitating a formal submission of annotated sheets by the applicant.

To learn more:

• patent drawings
• directional arrows
• drawing changes
• USPTO
• MPEP

No, an examiner’s objection to unlabeled prior art figures cannot be held in abeyance. The MPEP 608.02(g) clearly states that The objection to the drawings will not be held in abeyance.

This means that the applicant must address the objection in their response to the Office action. Failure to correct the labeling of prior art figures as requested may lead to further complications in the patent prosecution process, potentially including abandonment of the application if not addressed in a timely manner.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application
• Examiner Objections
• Abeyance

Adding drawings to a patent application after the filing date is possible but subject to certain restrictions. The MPEP states: no amendment may introduce new matter into the disclosure of an application after its filing date. However, there are some provisions for adding drawings in specific circumstances:

• For applications filed on or after September 21, 2004, if drawings were inadvertently omitted and the application claims priority to a prior-filed application containing the drawings, the applicant may submit the omitted drawings by amendment under 37 CFR 1.57(b).
• For applications filed before December 18, 2013, applicants may submit drawings and potentially accept a later filing date.
• For applications filed on or after December 18, 2013, drawings can be added without changing the filing date, but they must not introduce new matter.

In all cases, adding drawings after the filing date requires careful consideration to ensure compliance with USPTO rules and avoid introducing new matter.

To learn more:

• patent drawings
• new matter
• USPTO procedure

Can a design application be considered complete without drawings?

No, a design application cannot be considered complete without drawings. The MPEP 601.01 states: “A design application is not entitled to a filing date under 35 U.S.C. 171 unless the application contains a drawing in compliance with 37 CFR 1.152.” This requirement is specific to design applications due to their visual nature. Drawings are essential for depicting the ornamental design for which protection is sought. Without compliant drawings, the application will not be granted a filing date and will not be processed further.

To learn more:

• design application
• patent drawings
• filing requirements
• design patent

Photographs can be included in patent applications, but there are specific requirements and limitations. According to MPEP 507:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (F) include photographs of the claimed invention which are capable of illustration by other medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b)“

This means that while photographs are acceptable, they should only be used when the subject matter cannot be accurately depicted in a drawing. Additionally, the photographs must be of sufficient quality to be legible after scanning. If a photograph can be replaced by a clear ink drawing, the USPTO may require such a replacement.

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

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

Drawings are not always necessary for a patent application, but they are required when essential for understanding the invention. According to the MPEP, 35 U.S.C. 113 (first sentence) in turn provides that an ‘applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented.’ The USPTO has specific practices for determining when drawings might not be necessary, such as for certain process claims, composition applications, and situations where the invention resides solely in the use of a particular material in an otherwise known article or system.

To learn more:

• patent drawings
• USPTO requirements
• invention understanding

Color drawings or photographs are generally not allowed in patent applications without special permission. MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: … (G) contain color drawings or color photographs, but not a petition to accept color drawings/photographs.

If an applicant wishes to include color drawings or photographs, they must file a petition to accept them. It’s important to note that the requirement for a black and white photocopy of color drawings/photographs has been eliminated. Applicants should be prepared to justify the need for color in their drawings or photographs when filing such a petition.

No, the USPTO does not return annotated sheets submitted for patent drawing corrections. According to MPEP 608.02(v), “Annotated sheets filed by an applicant and used for correction of the drawing will not be returned.” This policy ensures that the USPTO maintains a complete record of all proposed changes to the patent drawings throughout the examination process.

To learn more:

• patent drawings
• annotated sheets
• USPTO procedures
• drawing corrections

The United States Patent and Trademark Office (USPTO) does not return patent application drawings for several reasons:

• To maintain a complete and accurate record of all submitted materials
• To ensure consistency in the application process
• To avoid potential disputes over the content of submitted drawings

The MPEP Section 608.02(y) clearly states:

Drawings will not be returned to the applicant.

This policy underscores the importance of applicants retaining copies of all materials submitted to the USPTO, including drawings, for their own records and potential future reference.

To learn more:

• USPTO policy
• patent drawings
• application records
• document retention

Generally, prior art figures are discouraged in patent applications. As stated in MPEP 608.02(g), Figures showing the prior art are usually unnecessary and should be canceled. This principle is based on the decision in Ex parte Elliott, 1904 C.D. 103, 109 OG 1337 (Comm’r Pat. 1904).

However, there are exceptions to this rule. The MPEP states that prior art figures may be retained where needed to understand applicant’s invention. In such cases, these figures must be clearly labeled as prior art.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application

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:

• patent drawings
• OPAP
• examination requirements
• corrected drawings

Annotated sheets are required for patent drawing changes in specific circumstances. According to MPEP 608.02(v), annotated sheets are necessary “When changes are to be made in the drawing itself, other than mere changes in reference characters, designations of figures, or inking over lines pale and rough.” However, the MPEP also notes that “Ordinarily, broken lines may be changed to full without a sketch.” This means that substantial changes to the drawing content require annotated sheets, while minor alterations may not.

To learn more:

• patent drawings
• annotated sheets
• drawing changes
• USPTO requirements

According to MPEP 608.02(w), there are two types of numeral changes that can be made to patent drawings without requiring annotated sheets from the applicant:

1. Changing one or two numerals or figure ordinals
2. Changing Roman Numerals to Arabic Numerals to agree with the specification

The MPEP states:

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: (B) Changing one or two numerals or figure ordinals. … (E) Changing Roman Numerals to Arabic Numerals to agree with specification.

These provisions allow for minor numerical corrections or adjustments to ensure consistency between the drawings and the specification without necessitating a formal submission from the applicant.

To learn more:

• patent drawings
• numeral changes
• drawing corrections
• USPTO
• MPEP

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 you need your original patent drawings, it’s important to understand that the United States Patent and Trademark Office (USPTO) does not return submitted drawings. As stated in MPEP Section 608.02(y):

Drawings will not be returned to the applicant.

Given this policy, here are some recommendations:

• Always keep high-quality copies or digital scans of your original drawings before submitting them to the USPTO.
• If you need the exact drawings on file, you can request certified copies from the USPTO.
• For future applications, consider using digital drawing tools that allow you to save and reproduce your drawings easily.

Remember, maintaining your own complete set of application materials, including drawings, is crucial for your records and potential future needs.

To learn more:

• patent drawings
• document retention
• USPTO certified copies
• digital drawings

When submitting replacement drawing sheets for patent applications, applicants should ensure the following:

1. Include all figures from the immediate prior version of the sheet, even if only one figure is being amended.
2. Label the sheet as ‘Replacement Sheet’ in the top margin.
3. Include the application number and art unit in the upper center margin.
4. Do not label amended drawing figures as ‘amended’.
5. Remove canceled figures and renumber remaining figures if necessary.

The MPEP 608.02(b) states:

Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as ‘amended.’

Additionally, a marked-up copy of the replacement sheet with annotations indicating changes may be required.

To learn more:

• patent drawings
• replacement sheets
• drawing amendments
• figure labeling

Patent drawings should include every feature of the invention specified in the claims, as required by 37 CFR 1.83(a). Key elements to include are:

• All claimed features of the invention
• Sufficient views to show the entire structure of the invention
• Proper use of reference characters corresponding to elements described in the specification
• Conventional features may be shown as a labeled rectangular box

However, the drawings should not contain excessive text or duplicate information already present in the specification. Tables and sequences included in the specification should not be duplicated in the drawings.

If the nature of the invention allows, the drawings should also show the improved portion disconnected from the old structure, as well as enough of the old structure to show the connection of the invention, as per 37 CFR 1.83(b).

To learn more:

• patent drawings
• drawing content
• invention features

The use of annotated sheets in patent drawings is governed by specific regulations. MPEP 608.02(v) references two key regulations: “See 37 CFR 1.84(c) and 1.121(d).” 37 CFR 1.84(c) provides guidelines for identifying and labeling drawings, while 37 CFR 1.121(d) outlines the procedures for making changes to drawings. These regulations ensure that annotated sheets are properly prepared and submitted in accordance with USPTO requirements.

To learn more:

• patent drawings
• annotated sheets
• USPTO regulations
• drawing changes

The key factors for acceptable patent drawings are readability and reproducibility. MPEP 608.02(i) states that “Drawings that do not comply with all of the form requirements of 37 CFR 1.84 may be acceptable for the purposes of publication and examination if the drawings are readable and reproducible for publication purposes.” This means that even if drawings don’t meet all formal requirements, they may still be accepted if they clearly convey the invention and can be properly reproduced in published documents. However, applicants should still aim to comply with 37 CFR 1.84 to ensure the best possible representation of their invention.

To learn more:

• patent drawings
• USPTO requirements
• drawing acceptability

When a claim discloses subject matter not shown in the drawing or described in the description, the applicant may be required to amend the drawing and description. However, this requirement is contingent on the claim providing sufficiently specific and detailed disclosure. The MPEP 608.01(l) states: “It is, of course, to be understood that this disclosure in the claim must be sufficiently specific and detailed to support the necessary amendment of the drawing and description.” This means that the claim must provide enough information to enable a person skilled in the art to make the necessary amendments to the drawings and description.

To learn more:

• patent drawings
• patent description
• claim amendments
• MPEP

The primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507:

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.

It’s important to note that design applications are not subject to this review as they are not published.

The provision in MPEP 608.02(w) allowing minor drawing changes without requiring annotated sheets from the applicant serves several purposes:

• Streamlines the patent examination process
• Reduces administrative burden on applicants
• Allows for quick resolution of minor drawing issues
• Facilitates efficient preparation of applications for issue

The MPEP states: Where an application is ready for issue except for a slight defect in the drawing not involving change in structure, the examiner will prepare a letter to the applicant indicating the change to be made…

This approach ensures that minor drawing corrections can be made efficiently, without delaying the issuance of patents due to small, easily resolvable issues in the drawings.

To learn more:

• patent drawings
• drawing changes
• patent examination
• USPTO
• MPEP

When canceling a figure in a patent application, the following procedure should be followed:

• Submit a replacement sheet of drawings without the canceled figure.
• If the canceled figure was the only drawing on the sheet, provide a marked-up copy of the drawing sheet with an annotation showing the cancellation.
• Label the marked-up copy as “Annotated Sheet”.
• Present the annotated sheet in the amendment or remarks section explaining the changes.
• Amend the brief description of the drawings to reflect the change.

This procedure is outlined in MPEP 608.02(t), which states: “If a drawing figure is canceled, a replacement sheet of drawings must be submitted without the figure (see 37 CFR 1.121(d)). If the canceled drawing figure was the only drawing on the sheet, then only a marked-up copy of the drawing sheet including an annotation showing that the drawing has been cancelled is required.”

To learn more:

• Patent drawings
• Figure cancellation
• Drawing amendments
• Patent application procedure

The examiner plays a crucial role in ensuring the completeness and consistency of patent application drawings. According to MPEP 608.02(e), the examiner should:

• Ensure figures are correctly described in the brief description of the drawings section
• Verify reference characters are properly applied
• Check that no single reference character is used for two different parts or for a given part and its modification
• Confirm there are no superfluous illustrations

The examiner may use specific form paragraphs to require corrections if any issues are identified.

To learn more:

• patent drawings
• examiner review
• drawing consistency
• reference characters

The deadline for submitting corrected patent drawings depends on when the requirement is made:

1. If required in an Office action: The deadline will be specified in the Office action.
2. If required in a Notice of Allowability: Applicants have three months from the mailing date of the notice to submit corrected drawings.

The MPEP 608.02(b) states:

If a corrected drawing is required or if a drawing does not comply with § 1.84 or an amended drawing submitted under § 1.121(d) in a nonprovisional international design application does not comply with § 1.1026 at the time an application is allowed, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mail date of the notice of allowability within which the applicant must file a corrected drawing in compliance with § 1.84 or 1.1026, as applicable, to avoid abandonment.

It’s crucial to meet these deadlines to avoid potential abandonment of the application.

To learn more:

• patent drawings
• corrected drawings
• drawing deadline
• Notice of Allowability

When responding to an objection regarding unlabeled prior art figures, applicants must follow specific procedures for submitting corrected drawings. According to MPEP 608.02(g), the process involves:

1. Submitting corrected drawings in compliance with 37 CFR 1.121(d).
2. Labeling the replacement sheet(s) as ‘Replacement Sheet’ in the page header, as per 37 CFR 1.84(c).
3. Ensuring that the labeling does not obstruct any portion of the drawing figures.
4. Designating the prior art figure with a legend such as ‘Prior Art’.

The MPEP states: Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled ‘Replacement Sheet’ in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures.

It’s crucial to follow these instructions carefully to ensure that the objection is resolved and to avoid further complications in the patent prosecution process.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application
• Corrected Drawings
• Replacement Sheet

All modifications described in a patent application must be illustrated in the drawings, or the text describing those modifications must be canceled. This requirement is based on Ex parte Peck, 1901 C.D. 136, 96 OG 2409 (Comm’r Pat. 1901). The MPEP section 608.02(f) states:

“All modifications described must be illustrated, or the text canceled.”

However, there are two exceptions to this rule:

• Minor variations
• Well-known and conventional parts

These exceptions do not require illustration. This requirement ensures that the patent application provides a clear and complete disclosure of the invention.

To learn more:

• patent drawings
• modifications
• illustrations
• Ex parte Peck
• minor variations
• conventional parts

If the Office of Data Management receives drawings that cannot be scanned or are otherwise unacceptable for publication, they will take the following action:

If the Office of Data Management receives drawings that cannot be scanned or are otherwise unacceptable for publication, the Office of Data Management will mail a requirement for corrected drawings, giving applicant a shortened statutory period of two months to reply.

This process ensures that only high-quality, publishable drawings are included in the final patent publication. Applicants should be prepared to respond quickly to such requests to avoid delays in the patent granting process.

To learn more:

• unacceptable drawings
• Office of Data Management
• publication requirements
• patent drawings

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 prior art figures are not properly labeled in a patent application, the patent examiner will likely issue an objection. According to MPEP 608.02(g), examiners may use form paragraph 6.36.01 to address this issue:

Figure [1] should be designated by a legend such as –Prior Art– because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application.

This objection requires the applicant to submit corrected drawings with proper labeling. The MPEP further states that The replacement sheet(s) should be labeled ‘Replacement Sheet’ in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the corrections are not made, the objection will be maintained in subsequent Office actions.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application
• Examiner Objections

If patent drawings do not comply with the requirements set forth in MPEP 608.02(d), the following process occurs:

1. The examiner will require additional illustration
2. A notice will be sent to the applicant
3. The applicant will have at least two months from the date of the notice to submit corrected drawings
4. Corrections must comply with 37 CFR 1.81(d)

According to the MPEP: Where the drawings in a nonprovisional application do not comply with the requirements of paragraphs (a) and (b) of this section, the examiner shall require such additional illustration within a time period of not less than two months from the date of the sending of a notice thereof. This process ensures that all necessary details are properly illustrated before the application can proceed.

To learn more:

• patent drawings
• drawing corrections
• noncompliant drawings
• USPTO requirements

If OPAP objects to the drawings in a patent application, the following process occurs:

1. OPAP sends a Notice to the applicant requiring submission of corrected drawings.
2. The Notice typically sets a time period of two months for response.
3. Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
4. No fee is required for filing the corrected drawings requested by OPAP.

MPEP 507 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 crucial to respond within the set time period to avoid potential abandonment of the application.

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:

• patent drawings
• informal drawings
• OPAP
• patent application

If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.

According to MPEP 608.02(w), certain minor drawing changes can be made without requiring annotated sheets from the applicant. These changes include:

• Adding two or three reference characters or exponents
• Changing one or two numerals or figure ordinals
• Removing superfluous matter
• Adding or reversing directional arrows
• Changing Roman Numerals to Arabic Numerals to agree with specification
• Adding section lines or brackets, where easily executed
• Changing lead lines
• Correcting misspelled legends

The examiner can suggest these changes in a letter to the applicant, often including a marked-up copy of the drawing showing the proposed additions or alterations.

To learn more:

• patent drawings
• drawing changes
• patent application
• USPTO
• MPEP

What are the rules for submitting color drawings in a patent application?

Submitting color drawings in a patent application requires special considerations and procedures. According to MPEP 608.02:

“Color drawings are not ordinarily permitted in utility patent applications. The Office will accept color drawings in utility patent applications only after granting a petition filed under this paragraph explaining why the color drawings are necessary.”

To submit color drawings:

• File a petition explaining why color drawings are necessary
• Pay the required petition fee
• Include three sets of color drawings or color photographs
• Amend the specification to include the reference to color drawings

The MPEP further states: “Color photographs will be accepted in utility patent applications if the conditions for accepting color drawings have been satisfied.” It’s important to note that even if the petition is granted, the patent will be printed in black and white unless color printing fees are paid.

For design patent applications, color drawings are generally acceptable without a petition, but specific requirements still apply regarding the quality and format of the drawings.

To learn more:

• patent drawings
• color drawings
• utility patent
• design patent

What are the requirements for submitting photographs as drawings in a patent application?

Photographs are generally not permitted as drawings in patent applications unless they are the only practicable medium for illustrating the claimed invention. According to MPEP 608.02, “The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention.” The MPEP further states:

“The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.”

To submit photographs as drawings:

• Ensure they are the only practicable medium for illustrating the invention
• Provide high-quality photographs that clearly show all details
• Submit them on paper that complies with drawing sheet requirements
• Include any necessary mounting on bristol board or equivalent

It’s important to note that color photographs are not ordinarily permitted in utility patent applications.

To learn more:

• patent drawings
• photographs
• utility patent
• design patent

When submitting amended drawing sheets in response to objections, proper labeling is crucial. According to MPEP 608.02(e), the requirements for labeling amended drawing sheets are:

1. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either ‘Replacement Sheet’ or ‘New Sheet’.
2. This labeling must be done pursuant to 37 CFR 1.121(d).
3. The figure or figure number of an amended drawing should not be labeled as ‘amended’.

It’s important to note that Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. This ensures continuity and completeness in the drawing record.

To learn more:

• patent drawings
• amended drawings
• drawing labels
• replacement sheets

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 drawings
• OPAP
• drawing requirements
• patent application

According to MPEP 201.04, the required components of a provisional patent application are:

• A specification as prescribed by 35 U.S.C. 112(a)
• Any drawings required by 37 CFR 1.81(a)
• A cover sheet as required by 37 CFR 1.51(c)(1), which may be an application data sheet, form SB/16, or a cover letter identifying the application as provisional

The MPEP states, No amendment, other than to make the provisional application comply with the patent statute and all applicable regulations, may be made to the provisional application after the filing date of the provisional application.

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

For more information on provisional application, visit: provisional application.

Showing modified forms of construction in the same figure is objectionable under 37 CFR 1.84(h)(5). The MPEP section 608.02(f) provides a form paragraph (6.22.05) that examiners can use to object to such drawings:

“The drawings are objected to under 37 CFR 1.84(h)(5) because Figure [1] show(s) modified forms of construction in the same view.”

This objection is made to ensure clarity in patent drawings and to prevent confusion between different forms or modifications of the invention. Applicants are required to submit corrected drawing sheets in compliance with 37 CFR 1.121(d) to address this objection.

To learn more:

• patent drawings
• modified forms
• construction
• objections
• 37 CFR 1.84(h)(5)

To learn more:

• 37 CFR 1.84(h)(5)

MPEP 507 outlines specific requirements for margins and paper size in patent drawings:

Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch). The size of the sheets on which drawings are made must be either 21.0 cm. by 29.7 cm. (DIN size A4) or 21.6 cm. by 27.9 cm. (8-1/2 by 11 inches);

These requirements are based on 37 CFR 1.84(f) and (g). Adhering to these specifications ensures that the drawings can be properly scanned and reproduced in the patent publication process.

A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include:

• A specification as prescribed by 35 U.S.C. 112
• A drawing as prescribed by 35 U.S.C. 113 (if necessary)
• An oath or declaration as prescribed by 35 U.S.C. 115
• The application filing fee

The MPEP states: Such application shall include— (A) a specification as prescribed by section 112; (B) a drawing as prescribed by section 113; and (C) an oath or declaration as prescribed by section 115.

It’s important to note that while claims and drawings are not required for obtaining a filing date (except for design applications), they are necessary for a complete application and must be submitted to avoid abandonment.

For more information on filing requirements, visit: filing requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

For more information on oath or declaration, visit: oath or declaration.

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

What are the guidelines for submitting drawings on recycled paper?

The USPTO has specific guidelines for submitting drawings on recycled paper:

• Recycled paper is acceptable for patent application drawings.
• The paper must meet the requirements for archival quality and durability.
• It should not have any imperfections that would interfere with the clarity of the drawing.

According to MPEP 608.02: ‘Drawings submitted to the Office must be made on paper which is flexible, strong, white, smooth, non-shiny, and durable.’

While recycled paper is allowed, it’s crucial to ensure that it meets all the necessary quality standards to avoid potential issues with the examination process or long-term storage of the patent documents.

To learn more:

• recycled paper
• patent drawings
• paper quality
• archival quality

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013:

• Non-design applications no longer require at least one claim or any drawings to receive a filing date
• Design patent applications still require at least one claim and any required drawings to receive a filing date

The MPEP states: Unless the application is for a design patent, nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013, are no longer required to include at least one claim or any drawings in order to receive a filing date for the application.

Additionally, applications may now be filed by reference to a previously filed application: A nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013, may be filed by a reference to a previously filed application (foreign, international, provisional, or nonprovisional) indicating that the specification and any drawings of the application are replaced by the reference to the previously filed application.

For more information on filing date requirements, visit: filing date requirements.

For more information on nonprovisional applications, visit: nonprovisional applications.

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

For more information on PLTIA, visit: PLTIA.

The examiner’s responsibilities regarding drawing corrections in patent applications include:

• Determining if the drawings are complete and consistent with the specification and claims
• Informing the applicant of any drawing corrections required
• Providing reasons for any objections or rejections related to the drawings

As stated in MPEP 608.02(e): ‘The examiner should see to it that the drawings are correct, complete, and consistent with the specification and claims.’ This means the examiner must carefully review the drawings and ensure they accurately represent the invention described in the application.

To learn more:

• patent drawings
• examiner responsibilities
• drawing corrections

For patent applications filed before December 18, 2013, drawings were generally required to receive a filing date. As stated in the MPEP, For applications filed prior to December 18, 2013, 35 U.S.C. 111(a)(4) and 35 U.S.C. 111(b)(4) each provide, in part, that the ‘filing date… shall be the date on which… any required drawing are received in the Patent and Trademark Office.’ This means that if drawings were necessary for understanding the invention, they had to be included in the initial filing to secure a filing date.

To learn more:

• patent drawings
• filing date
• USPTO requirements

The USPTO has specific requirements for patent drawings, but they have become more flexible in recent years. According to MPEP 608.02(i), “Drawings that do not comply with all of the form requirements of 37 CFR 1.84 may be acceptable for the purposes of publication and examination if the drawings are readable and reproducible for publication purposes.” This means that while there are still formal requirements outlined in 37 CFR 1.84, the USPTO may accept drawings that don’t meet all these requirements as long as they are clear enough for publication and examination.

To learn more:

• patent drawings
• USPTO requirements
• drawing standards

Failing to show claimed features in patent drawings can lead to objections and potential issues with the patent application. According to MPEP 608.02(d), the examiner may issue an objection using Form Paragraph 6.36, which states:

The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the [specific feature] must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.

Consequences of this objection include:

• Required submission of corrected drawing sheets
• Potential cancellation of claims if features cannot be shown
• Risk of application abandonment if corrections are not made

To avoid these issues, ensure that all claimed features are clearly illustrated in the patent drawings.

To learn more:

• patent drawings
• claimed features
• drawing objections
• patent application

Failing to address drawing objections can have serious consequences for a patent application. According to MPEP 608.02(e), the primary consequence is the potential abandonment of the application. The MPEP states:

Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application.

Additionally, it’s important to note that drawing objections cannot be held in abeyance. The MPEP clarifies:

Unless applicant is otherwise notified in an Office action, objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action.

This means that failing to address drawing objections can prevent the application from progressing, potentially leading to delays or even abandonment.

To learn more:

• patent drawings
• drawing objections
• application abandonment
• patent prosecution

OPAP may object to patent drawings for several reasons, including:

1. Line quality issues
2. Missing lead lines
3. Excessive or non-English text
4. Incorrect margins or paper size
5. Improper figure labeling
6. Illegible photographs
7. Unauthorized color drawings or photographs

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);

According to 37 CFR 1.84(a), there are two acceptable categories for presenting drawings in utility and design patent applications:

1. Black ink drawings: Black and white drawings are normally required. India ink or its equivalent must be used to secure solid black lines.
2. Color drawings/photographs: Color drawings are permitted in design applications without a petition. For utility applications, color drawings or photographs require a granted petition explaining why color is necessary.

Additionally, grayscale drawings and black and white photographs may be acceptable in certain circumstances, such as when they are the only practicable medium for illustrating the claimed invention.

To learn more:

• patent drawings
• drawing formats
• color drawings

Common objections to patent drawings, as outlined in MPEP 608.02(e), include:

• Failure to show essential structural details (Form Paragraph 6.22.01)
• Different reference numbers referring to the same part (Form Paragraph 6.22.02)
• The same reference number used for different parts (Form Paragraph 6.22.03)
• Reference signs mentioned in the description but not in the drawings (Form Paragraph 6.22.06)
• Reference characters in the drawings not mentioned in the description (Form Paragraph 6.22.07)

These objections are based on non-compliance with various sections of 37 CFR 1.84, which governs standards for drawings in patent applications.

To learn more:

• patent drawings
• drawing objections
• reference characters
• structural details

Annotated sheets in patent drawings are marked-up copies of drawings that show proposed changes to the original drawings. According to MPEP 608.02(v), “When changes are to be made in the drawing itself, other than mere changes in reference characters, designations of figures, or inking over lines pale and rough, a marked-up copy of the drawing should be filed with a replacement drawing.” These annotated sheets are used to clearly indicate the modifications being made to the original drawings.

To learn more:

• patent drawings
• annotated sheets
• drawing changes
• USPTO procedures

Reference characters in patent drawings should be used according to the following guidelines from 37 CFR 1.84(p):

• Use Arabic numerals, preferably in the clockwise direction and starting with the number 1
• Use plain legible symbols and characters
• Must measure at least 0.32 cm (1/8 inch) in height
• Should not be placed upon hatched or shaded surfaces
• Must be different for different parts; the same part must be designated by the same reference character throughout the application
• Lead lines must be used to indicate the parts to which they refer and should not cross each other

Additionally, reference characters mentioned in the description must appear in the drawings, and vice versa. Characters not mentioned in the description should not appear in the drawings.

To learn more:

• reference characters
• patent drawings
• drawing labels

Reference characters in patent drawings and descriptions play a crucial role in clearly illustrating and explaining the invention. According to MPEP 608.01(g), there are specific rules for using reference characters:

“The reference characters must be properly applied, no single reference character being used for two different parts or for a given part and a modification of such part. See 37 CFR 1.84(p).”

Here are the key points to remember:

• Each unique part of the invention should have its own reference character.
• Do not use the same reference character for different parts.
• Do not use different reference characters for the same part.
• Reference characters in the drawings should match those used in the description.
• Every feature specified in the claims must be illustrated.
• Avoid superfluous illustrations that don’t correspond to claimed features.

Proper use of reference characters ensures clarity and consistency between your drawings and written description, which is essential for a comprehensive and easily understood patent application.

To learn more:

• Patent Drawings
• Reference Characters
• Detailed Description
• Patent Application

When including prior art figures in a patent application, proper labeling is crucial. According to MPEP 608.02(g), prior art figures should be designated by a legend such as ‘Prior Art.’ This labeling is essential to distinguish prior art from the applicant’s invention.

If a prior art figure is not correctly labeled, patent examiners may use form paragraph 6.36.01, which states: Figure [1] should be designated by a legend such as –Prior Art– because only that which is old is illustrated. See MPEP § 608.02(g). This paragraph instructs the applicant to correct the labeling to comply with the MPEP guidelines.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application
• Labeling

When illustrating improvements on existing inventions, patent drawings should follow specific guidelines as outlined in MPEP 608.02(d):

1. Show the improved portion disconnected from the old structure
2. In a separate view, show only enough of the old structure to demonstrate the connection with the improvement

The MPEP cites 37 CFR 1.83(b): When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith. This approach helps to clearly distinguish the new, improved elements from the existing technology.

To learn more:

• patent drawings
• improvement inventions
• existing technology
• illustration guidelines

How should graphical drawings be prepared for a patent application?

Graphical drawings in patent applications must meet specific requirements to ensure clarity and reproducibility. According to MPEP 608.02:

“The graphic forms in drawings are lines, numbers, and letters. Drawings should be prepared with the proper rendition of graphic forms.”

Key guidelines for preparing graphical drawings include:

• Use solid black lines of uniform thickness
• Choose line thickness appropriate for the scale and complexity of the drawing
• Avoid shading unless necessary to show the shape of elements
• Use reference characters (numbers, letters) consistently throughout the application
• Ensure all text is legible and at least 1/8 inch (0.32 cm) in height
• Avoid crowding; leave sufficient white space between elements

The MPEP also states: “All drawings must be made by a process which will give them satisfactory reproduction characteristics.” This means the drawings should be clear, sharp, and suitable for reproduction in both paper and electronic formats.

To learn more:

• patent drawings
• graphical drawings
• drawing requirements

According to MPEP 507, figures in patent drawings should be labeled as follows:

Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1);

This labeling convention ensures clarity and consistency in referencing figures throughout the patent application and publication. Improper labeling may result in an objection from OPAP and require correction.

When a claim in the original application discloses subject matter not shown in the drawing or described in the description, examiners should treat the claim on its merits and require amendments to the drawing and description. The MPEP 608.01(l) states: “Where subject matter not shown in the drawing or described in the description is claimed in the application as filed, and such claim itself constitutes a clear disclosure of this subject matter, then the claim should be treated on its merits, and requirement made to amend the drawing and description to show this subject matter.” It’s important to note that the deficiency lies in the drawing and description, not in the claim itself.

To learn more:

• patent claims
• patent examination
• MPEP
• patent drawings

When submitting corrected drawing sheets in response to objections, applicants must follow specific guidelines as outlined in the MPEP section 608.02(f):

• Submit corrected drawing sheets in compliance with 37 CFR 1.121(d).
• Include all figures from the immediate prior version of the sheet, even if only one figure is being amended.
• Do not label amended drawing figures as “amended.”
• If canceling a figure, remove it from the replacement sheet and renumber remaining figures if necessary.
• Label each drawing sheet submitted after the filing date as either “Replacement Sheet” or “New Sheet” in the top margin.

These requirements ensure proper documentation and clarity in the patent application process. Failure to comply may result in abandonment of the application.

To learn more:

• patent drawings
• corrected drawings
• replacement sheets
• 37 CFR 1.121(d)
• drawing objections

To learn more:

• 37 CFR 1.121(d)

According to MPEP 608.02(d), conventional features in patent drawings should be illustrated as follows:

• Use graphical drawing symbols
• Use labeled representations (e.g., a labeled rectangular box)

The MPEP states: However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box).

This approach simplifies the drawings while still providing necessary information about conventional elements. It allows the focus to remain on the novel aspects of the invention while acknowledging the presence of standard components.

To learn more:

• patent drawings
• conventional features
• graphical symbols
• labeled representations

Annotated sheets for patent drawings must be prepared according to specific guidelines. MPEP 608.02(v) states that “The marked-up copy must be clearly labeled as ‘Annotated Sheet.'” Additionally, the MPEP specifies that “All such annotated sheets must be in ink or permanent prints.” This ensures that the proposed changes are clearly visible and permanent. When submitting annotated sheets, they should be accompanied by a replacement drawing that incorporates the proposed changes.

To learn more:

• patent drawings
• annotated sheets
• drawing changes
• USPTO procedures

When responding to drawing objections, an applicant should:

1. Submit corrected drawing sheets in compliance with 37 CFR 1.121(d)
2. Include all figures from the immediate prior version, even if only one figure is amended
3. Label new sheets as ‘Replacement Sheet’ or ‘New Sheet’ in the top margin
4. Ensure any amended drawing figure is not labeled as ‘amended’

As stated in MPEP 608.02(e), Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. It’s important to note that objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action.

To learn more:

• patent drawings
• drawing objections
• corrected drawings
• 37 CFR 1.121(d)

To learn more:

• 37 CFR 1.121(d)

For non-design patent applications filed on or after December 18, 2013, the drawing requirements have been relaxed. The MPEP states: Applications, which are not design applications, filed under 35 U.S.C. 111(a) or (b) on or after December 18, 2013 are entitled to a filing date even if the application does not contain drawings. However, it’s important to note that while drawings are not required for a filing date, they should still be submitted if necessary for understanding the invention, as no amendment may introduce new matter into the disclosure of an application after its filing date.

To learn more:

• patent drawings
• filing date
• USPTO requirements
• new matter

The USPTO has changed its approach to classifying patent drawings. According to MPEP 608.02(i), “the Office no longer considers drawings as formal or informal.” This means that the traditional distinction between formal and informal drawings has been eliminated. Instead, the focus is on whether the drawings are sufficient for publication and examination purposes, regardless of their formal classification.

To learn more:

• patent drawings
• USPTO classification
• drawing standards

How are drawing errors handled in patent applications?

Drawing errors in patent applications are typically addressed as follows:

1. Minor errors: The examiner may handle these by annotations or corrections with the concurrence of the applicant.
2. Substantial errors: These require the applicant to submit corrected drawings.

According to MPEP 608.02:

‘In instances where the drawing is such that the prosecution can be carried on without the corrections, applicant is informed of the reasons why the drawing is objected to on Form PTO-948 or in an examiner’s action, and that the drawing is accepted as filed.’

If corrections are necessary, the examiner will set a time period for submission. Failure to submit corrected drawings may result in abandonment of the application.

To learn more:

• patent drawings
• drawing errors
• patent application procedure

Black and white photographs and grayscale drawings are handled uniformly across various types of patent applications and proceedings. According to MPEP 608.02(c):

Black and white photographs and grayscale drawings in: (i) provisional applications under 35 U.S.C. 111(b); (ii) nonprovisional utility and design patent applications under 35 U.S.C. 111(a), including reissue utility and design patent applications; (iii) national stage applications under 35 U.S.C. 371; (iv) international applications (PCT); (v) international design applications; (vi) reexamination proceedings for utility patents and design patents; and (vii) supplemental examination proceedings will be stored in SCORE, and a black and white copy will be stored in IFW along with a SCORE placeholder sheet.

In summary, these types of drawings are:

• Stored in SCORE (Supplemental Content Repository)
• A black and white copy is stored in IFW (Image File Wrapper)
• A SCORE placeholder sheet is included in the IFW

To learn more:

• patent drawings
• photographs
• grayscale drawings
• SCORE
• IFW
• patent applications

Black and white line drawings are handled differently depending on the type of application:

• For provisional applications, nonprovisional utility patent applications, international applications (PCT), national stage applications, and reexamination proceedings for utility patents, they are converted into TIFF images and stored in IFW (Image File Wrapper).
• For design applications, including reissue design patent applications, international design applications, and reexamination proceedings for design patents, they are stored in SCORE (Supplemental Content Repository), with a black and white copy stored in IFW along with a SCORE placeholder sheet.

As stated in the MPEP: Black and white line drawings submitted in: (i) provisional applications under 35 U.S.C. 111(b); (ii) nonprovisional utility patent applications under 35 U.S.C. 111(a), including reissue utility patent applications; (iii) international applications (PCT) and national stage applications under 35 U.S.C. 371; and (iv) reexamination proceedings for utility patents will be converted into TIFF images and stored in IFW.

To learn more:

• patent drawings
• IFW
• SCORE
• TIFF images
• utility patents
• design patents

When patent drawings are found to be unacceptable, the USPTO notifies applicants through the following process:

1. The examiner advises the applicant in the first Office action about why the drawings are unacceptable.
2. The examiner may use specific form paragraphs to explain the defects in the drawings.
3. Applicants are informed that new corrected drawings are required.

The MPEP 608.02(b) states: If the original drawings are unacceptable, applicant will be notified and informed of what the objections are and that new corrected drawings are required.

It’s important to address these issues promptly to avoid delays in the patent application process.

To learn more:

• patent drawings
• unacceptable drawings
• USPTO notification
• drawing corrections

Yes, in most cases, you need to submit a replacement sheet when canceling a patent drawing figure. However, there is an exception:

• If the canceled figure was the only drawing on the sheet, you only need to submit a marked-up copy of the drawing sheet with an annotation showing the cancellation.
• In all other cases, you must submit a replacement sheet of drawings without the canceled figure.

MPEP 608.02(t) states: “If a drawing figure is canceled, a replacement sheet of drawings must be submitted without the figure (see 37 CFR 1.121(d)). If the canceled drawing figure was the only drawing on the sheet, then only a marked-up copy of the drawing sheet including an annotation showing that the drawing has been cancelled is required.”

To learn more:

• Patent drawings
• Figure cancellation
• Drawing amendments
• Replacement sheet

No, the USPTO does not release drawings for correction. According to MPEP 608.02(b), which cites 37 CFR 1.85(b):

The Office will not release drawings for purposes of correction. If corrections are necessary, new corrected drawings must be submitted within the time set by the Office.

This means that applicants must submit new, corrected drawings rather than requesting the original drawings for modification. It’s the applicant’s responsibility to prepare and submit corrected drawings that meet the USPTO’s requirements.

To learn more:

• patent drawings
• drawing corrections
• USPTO policy
• corrected drawings

Yes, removing superfluous matter from patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. MPEP 608.02(w) states:

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (C) Removing superfluous matter.

This provision allows examiners to suggest the removal of unnecessary elements from the drawings, helping to improve clarity and focus on the essential aspects of the invention without requiring a formal submission of annotated sheets by the applicant.

To learn more:

• patent drawings
• superfluous matter
• drawing corrections
• USPTO
• MPEP

No, sequence listings or tables should not be duplicated in both the drawings and the specification of a patent application. The MPEP 608.02(d) clearly states:

If an application filed under 35 U.S.C. 111 or under 35 U.S.C. 371 includes a sequence listing or a table, such a sequence listing or table should not be included in both the drawings and the descriptive portion of the specification.

This requirement helps to avoid redundancy and potential inconsistencies between the drawings and the specification. Applicants should include sequence listings and tables in the appropriate sections of the specification only.

To learn more:

• sequence listings
• tables
• patent drawings
• patent specification

Yes, according to MPEP 608.02(w), adding two or three reference characters or exponents is one of the changes that can be made to patent drawings without requiring annotated sheets from the applicant. The MPEP states:

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: (A) Adding two or three reference characters or exponents.

This allows for minor additions to improve the clarity of the drawings without necessitating a formal submission from the applicant.

To learn more:

• patent drawings
• reference characters
• drawing changes
• USPTO
• MPEP

No, objections to drawings in utility or plant applications cannot be held in abeyance. The MPEP section 608.02(f) clearly states:

“Unless applicant is otherwise notified in an Office action, objections to the drawings in a utility or plant application will not be held in abeyance, and a request to hold objections to the drawings in abeyance will not be considered a bona fide attempt to advance the application to final action.”

This policy is based on 37 CFR 1.85(a) and ensures that drawing issues are addressed promptly in the patent application process. Applicants must respond to drawing objections in a timely manner to avoid potential abandonment of their application.

To learn more:

• patent drawings
• drawing objections
• utility applications
• plant applications
• abeyance
• 37 CFR 1.85(a)

To learn more:

• 37 CFR 1.85(a)

No, modifications cannot be shown in broken lines on figures that show another form of the invention in solid lines. This is based on the principle established in Ex parte Badger, 1901 C.D. 195, 97 OG 1596 (Comm’r Pat. 1901). The MPEP section 608.02(f) states:

“Modifications may not be shown in broken lines on figures which show in solid lines another form of the invention.”

This rule ensures clarity and prevents confusion in patent drawings by keeping different forms of the invention visually distinct.

To learn more:

• patent drawings
• modifications
• broken lines
• solid lines
• Ex parte Badger

Yes, correcting misspelled legends in patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. According to MPEP 608.02(w):

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (H) Correcting misspelled legends.

This provision allows for the correction of minor typographical errors in drawing legends, improving the accuracy of the patent application without the need for a formal submission of annotated sheets by the applicant.

To learn more:

• patent drawings
• misspelled legends
• drawing corrections
• USPTO
• MPEP

Yes, you can include a copyright or mask work notice in patent drawings, but it must comply with specific requirements. According to 37 CFR 1.84(s) and MPEP 608.01(w):

A copyright or mask work notice may appear in the drawing, but must be placed within the sight of the drawing immediately below the figure representing the copyright or mask work material and be limited to letters having a print size of .32 cm. to .64 cm. (1/8 to 1/4 inches) high.

Additionally, the content of the notice must be limited to only those elements provided for by law, and the authorization language specified in 37 CFR 1.71(e) must be included at the beginning of the specification. If these conditions are met, the notice will not be objected to as extraneous matter under 37 CFR 1.84.

To learn more:

• Copyright notice in drawings
• Mask work notice in drawings
• Patent drawings
• USPTO requirements

No, you cannot get your patent application drawings returned. The United States Patent and Trademark Office (USPTO) clearly states in the Manual of Patent Examining Procedure (MPEP) Section 608.02(y) that:

Drawings will not be returned to the applicant.

This policy ensures that the USPTO maintains a complete record of all submitted materials for each patent application. It’s important for applicants to keep copies of all documents, including drawings, submitted to the USPTO.

To learn more:

• patent drawings
• USPTO policy
• application materials
• document retention

Generally, no. According to MPEP 608.02(i), “Drawings cannot normally be transferred from a first pending application to another as the Office no longer considers drawings as formal or informal.” This means that each application typically requires its own set of drawings that comply with the specific requirements for that application.

To learn more:

• patent drawings
• application transfer
• USPTO procedures

Can drawings be amended after the application filing date without introducing new matter?

Amending drawings after the application filing date without introducing new matter is possible, but it requires careful consideration. According to MPEP 608.04(a):

‘An amendment to the drawings, however, which adds a feature not disclosed in the original drawings or specification involves new matter.’

This means that while you can make amendments to drawings, any new features or elements not disclosed in the original application will be considered new matter. Acceptable amendments typically include:

• Correcting minor errors or inconsistencies
• Improving clarity or resolution of existing features
• Adding reference numbers or labels to existing elements

It’s crucial to ensure that any changes to drawings are fully supported by the original disclosure. If significant changes are needed that would introduce new matter, filing a continuation-in-part application may be necessary.

To learn more:

• patent drawings
• amendments
• new matter
• MPEP 608.04(a)

To learn more:

• MPEP 608.04(a)

Can drawings be added to a patent application after the filing date?

According to MPEP 608.04(a), adding drawings to a patent application after the filing date is generally considered new matter. 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 includes new drawings. However, there are exceptions:

• If the drawings merely depict what was already described in the original written description, they might be allowable.
• Drawings may be accepted if they are clearly supported by the original disclosure and do not introduce new information.

It’s crucial to include all necessary drawings with the initial application to avoid potential new matter issues.

To learn more:

• patent drawings
• new matter
• filing date
• MPEP 608.04(a)

To learn more:

• MPEP 608.04(a)

Yes, adding or reversing directional arrows in patent drawings is one of the changes that can be made without requiring annotated sheets from the applicant. According to MPEP 608.02(w):

As a guide to the examiner, the following corrections are illustrative of those that may be suggested without requiring annotated sheets from the applicant: … (D) Adding or reversing directional arrows.

This provision allows examiners to suggest the addition or modification of directional arrows to improve the clarity and understanding of the drawings without necessitating a formal submission of annotated sheets by the applicant.

To learn more:

• patent drawings
• directional arrows
• drawing changes
• USPTO
• MPEP

No, an examiner’s objection to unlabeled prior art figures cannot be held in abeyance. The MPEP 608.02(g) clearly states that The objection to the drawings will not be held in abeyance.

This means that the applicant must address the objection in their response to the Office action. Failure to correct the labeling of prior art figures as requested may lead to further complications in the patent prosecution process, potentially including abandonment of the application if not addressed in a timely manner.

To learn more:

• Prior Art
• Patent Drawings
• Patent Application
• Examiner Objections
• Abeyance

Adding drawings to a patent application after the filing date is possible but subject to certain restrictions. The MPEP states: no amendment may introduce new matter into the disclosure of an application after its filing date. However, there are some provisions for adding drawings in specific circumstances:

• For applications filed on or after September 21, 2004, if drawings were inadvertently omitted and the application claims priority to a prior-filed application containing the drawings, the applicant may submit the omitted drawings by amendment under 37 CFR 1.57(b).
• For applications filed before December 18, 2013, applicants may submit drawings and potentially accept a later filing date.
• For applications filed on or after December 18, 2013, drawings can be added without changing the filing date, but they must not introduce new matter.

In all cases, adding drawings after the filing date requires careful consideration to ensure compliance with USPTO rules and avoid introducing new matter.

To learn more:

• patent drawings
• new matter
• USPTO procedure

Can a design application be considered complete without drawings?

No, a design application cannot be considered complete without drawings. The MPEP 601.01 states: “A design application is not entitled to a filing date under 35 U.S.C. 171 unless the application contains a drawing in compliance with 37 CFR 1.152.” This requirement is specific to design applications due to their visual nature. Drawings are essential for depicting the ornamental design for which protection is sought. Without compliant drawings, the application will not be granted a filing date and will not be processed further.

To learn more:

• design application
• patent drawings
• filing requirements
• design patent

Photographs can be included in patent applications, but there are specific requirements and limitations. According to MPEP 507:

“OPAP may object to and require corrected drawings within a set time period, if the drawings: (F) include photographs of the claimed invention which are capable of illustration by other medium such as ink drawings, and which are illegible after scanning. See 37 CFR 1.84(b)“

This means that while photographs are acceptable, they should only be used when the subject matter cannot be accurately depicted in a drawing. Additionally, the photographs must be of sufficient quality to be legible after scanning. If a photograph can be replaced by a clear ink drawing, the USPTO may require such a replacement.

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

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

Drawings are not always necessary for a patent application, but they are required when essential for understanding the invention. According to the MPEP, 35 U.S.C. 113 (first sentence) in turn provides that an ‘applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented.’ The USPTO has specific practices for determining when drawings might not be necessary, such as for certain process claims, composition applications, and situations where the invention resides solely in the use of a particular material in an otherwise known article or system.

To learn more:

• patent drawings
• USPTO requirements
• invention understanding

Color drawings or photographs are generally not allowed in patent applications without special permission. MPEP 507 states:

OPAP may object to and require corrected drawings within a set time period, if the drawings: … (G) contain color drawings or color photographs, but not a petition to accept color drawings/photographs.

If an applicant wishes to include color drawings or photographs, they must file a petition to accept them. It’s important to note that the requirement for a black and white photocopy of color drawings/photographs has been eliminated. Applicants should be prepared to justify the need for color in their drawings or photographs when filing such a petition.