What is the purpose of OPAP’s drawing review in patent applications?
The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP: “OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.” This review ensures…
Read MoreWhat types of drawing issues can OPAP object to in a patent application?
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…
Read MoreAre photographs acceptable in patent applications?
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…
Read MoreWhat is the process for submitting corrected drawings after OPAP objection?
If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states: “If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the…
Read MoreWhat happens if drawings are not received with a patent application?
If drawings are not received with a patent application, the following process occurs: The application is assigned a filing date if it meets the minimum requirements under 37 CFR 1.53(b) or 1.53(d). The Office of Patent Application Processing (OPAP) will send a Notice of Omitted Items giving the applicant a time period to file the…
Read MoreWhat are the consequences of submitting color drawings in a utility patent application?
What are the consequences of submitting color drawings in a utility patent application? Submitting color drawings in a utility patent application has specific consequences and requirements: Color drawings are not ordinarily permitted in utility patent applications. As stated in MPEP 507: “Color drawings are permitted in design applications. For utility patent applications, color drawings are…
Read MoreHow does the USPTO handle informal drawings in patent applications?
The USPTO handles informal drawings in patent applications as follows: If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally. The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes. Formal drawings will be required if the application is allowed. According to MPEP…
Read MoreWhat is the purpose of the PTO-948 form in patent applications?
The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications: It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes. It notifies the examiner that the drawings may need to be…
Read MoreWhat happens if OPAP objects to the drawings in a patent application?
If OPAP objects to the drawings in a patent application, the following process occurs: OPAP sends a Notice to the applicant requiring submission of corrected drawings. The Notice typically sets a time period of two months for response. Corrected drawings must be filed in paper form to the mailing address specified in the Notice. No…
Read MoreWhat happens if a drawing is not acceptable for publication?
If a drawing is not acceptable for publication, the Office of Patent Application Processing (OPAP) will object to the drawing and notify the applicant. The applicant will be given a time period of two months from the mail date of the Notice to file acceptable drawings. This period is extendable under 37 CFR 1.136(a) or…
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