How should prior art figures be labeled in a 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…
Read MoreCan modifications be shown in broken lines on figures with solid lines?
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…
Read MoreAre drawings always necessary for a patent application?
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…
Read MoreWhat types of numeral changes can be made to patent drawings without applicant’s annotated sheets?
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: Changing one or two numerals or figure ordinals Changing Roman Numerals to Arabic Numerals to agree with the specification The MPEP states: As a guide to the examiner, the following…
Read MoreWhat are the objections to showing modified forms of construction in the same figure?
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…
Read MoreWhat should I do if I need my original 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…
Read MoreHow have drawing requirements changed for patent applications filed on or after December 18, 2013?
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…
Read MoreWhat are the drawing requirements for patent applications filed before December 18, 2013?
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…
Read MoreCan I get my patent application drawings returned?
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…
Read MoreCan objections to drawings in a utility or plant application be held in abeyance?
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…
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