Can drawings be added to a patent application after the filing date?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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.
According to MPEP 608.04(a), adding drawings to a patent application after the filing date is generally considered new matter. The MPEP states: “Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing date is new matter.” This includes new drawings. However, there are exceptions:
- If the drawings merely depict what was already described in the original written description, they might be allowable.
- Drawings may be accepted if they are clearly supported by the original disclosure and do not introduce new information.
It’s crucial to include all necessary drawings with the initial application to avoid potential new matter issues.
Topics:
Patent Law
Patent Procedure