What is required for modifications described in a patent application?
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,…
Read MoreWhen should prior art figures be included in a patent application?
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…
Read MoreWhat happens if drawings submitted in a patent application are marked as ‘informal’?
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…
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