How should examiners handle informal drawings in patent applications?

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.

Examiners should handle informal drawings in patent applications as follows:

  • Determine if the drawings are sufficient for examination purposes
  • If sufficient, proceed with examination but note the need for formal drawings
  • If insufficient, object to the drawings and explain why formal drawings are required

According to MPEP 608.02(e): ‘The acceptance of and retention of informal drawings by the Office does not relieve the applicant of the drawing requirements of 35 U.S.C. 113.’ This means that while informal drawings may be accepted for initial examination, formal drawings will still be required before the patent can be granted.

Topics: Patent Law Patent Procedure
Tags: Examiner Procedure, informal drawings