Can I add new matter when submitting omitted drawings to a patent 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.
When submitting omitted drawings to a patent application, it’s crucial to understand that you cannot add new matter. The MPEP 601.01(f) states:
“If omitted drawing(s) are filed, the application will be given a filing date as of the date of such filing, provided the submitted drawing(s) do not add new matter to the originally filed application.”
This means that the drawings you submit must only illustrate what was already described in the original application’s specification. Adding new features or details not previously disclosed would be considered new matter and could result in the loss of your original filing date or rejection of the added material.