Are there any exceptions to the rule against transferring specifications or drawings between patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

While the general rule is that specifications and drawings cannot be transferred between applications, the use of the word “normally” in MPEP § 608.01(t) suggests that there might be rare exceptions. The MPEP states: “No part of a specification can normally be transferred to another application. Similarly, drawings cannot normally be transferred to another application.”

However, the MPEP doesn’t provide specific examples of such exceptions in this section. Applicants should consult with a patent attorney or the USPTO for guidance on any potential exceptions, as these would likely be handled on a case-by-case basis.