Can original drawings be physically altered to correct errors in a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
The MPEP is clear on this matter: original drawings should not be physically altered to correct errors. Section 608.02(p) states:
“Original drawings should not be altered or obliterated by applicant or draftsperson.“
Instead of altering original drawings, applicants should:
- Submit replacement sheets with the necessary corrections
- Provide a marked-up copy showing the changes
- Include detailed explanations of the changes in the amendment or remarks
This approach preserves the integrity of the original submission and provides a clear record of changes for the patent examiner and file history.