Do I need to submit a replacement sheet when canceling a patent drawing figure?

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.

Yes, in most cases, you need to submit a replacement sheet when canceling a patent drawing figure. However, there is an exception:

  • If the canceled figure was the only drawing on the sheet, you only need to submit a marked-up copy of the drawing sheet with an annotation showing the cancellation.
  • In all other cases, you must submit a replacement sheet of drawings without the canceled figure.

MPEP 608.02(t) states: “If a drawing figure is canceled, a replacement sheet of drawings must be submitted without the figure (see 37 CFR 1.121(d)). If the canceled drawing figure was the only drawing on the sheet, then only a marked-up copy of the drawing sheet including an annotation showing that the drawing has been cancelled is required.”

Topics: Patent Law Patent Procedure
Tags: Drawing Amendments, Figure Cancellation, patent drawings, Replacement Sheet