Can an applicant add drawings to a patent application after the filing date?

Adding drawings to a patent application after the filing date is possible but subject to certain restrictions. The MPEP states: no amendment may introduce new matter into the disclosure of an application after its filing date. However, there are some provisions for adding drawings in specific circumstances:

  • For applications filed on or after September 21, 2004, if drawings were inadvertently omitted and the application claims priority to a prior-filed application containing the drawings, the applicant may submit the omitted drawings by amendment under 37 CFR 1.57(b).
  • For applications filed before December 18, 2013, applicants may submit drawings and potentially accept a later filing date.
  • For applications filed on or after December 18, 2013, drawings can be added without changing the filing date, but they must not introduce new matter.

In all cases, adding drawings after the filing date requires careful consideration to ensure compliance with USPTO rules and avoid introducing new matter.

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Topics: Patent Law, Patent Procedure
Tags: new matter, patent drawings