Can drawing errors be corrected through a reissue application?

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.

Yes, drawing errors can be corrected through a reissue application, but only if the correction is substantive in nature. The MPEP states:

A reissue may be based on a drawing correction that is substantive in nature, because such a correction qualifies as correcting an error under 35 U.S.C. 251 that may properly be deemed to render the patent wholly or partly inoperative.

However, non-substantive drawing changes cannot be the sole basis for a reissue application. The MPEP provides examples of non-substantive changes:

• Reference numeral corrections or additions
• Addition of shading
• Addition of a figure merely to clarify the disclosure

It’s important to note that while non-substantive drawing changes cannot be the sole basis for a reissue, they can be included in a reissue application that corrects at least one substantive error under 35 U.S.C. 251.