When are new drawings required before examination in a 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 ยง 608.02). When applications appear to be missing drawings (see MPEP ยง 601.01(f) or 601.01(g)). When the Office of Patent Application Processing (OPAP) finds the drawings unacceptable for…
Read MoreWhat 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 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 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 is an application number and how is it assigned?
An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.…
Read MoreWhat happens if the drawings in a patent application are not in compliance with the rules?
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…
Read MoreWhat happens if a drawing is not included with the application?
If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s).…
Read MoreHow should patent examiners handle objections to drawings?
Patent examiners should handle objections to drawings as follows: If the examiner makes objections to the drawings, they should require correction in reply to the Office action. The examiner should not permit the objection to be held in abeyance. If drawings are marked as ‘informal’ but considered acceptable by OPAP, the examiner should not require…
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