How should patent examiners handle objections to drawings?

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.

Patent examiners should handle objections to drawings as follows:

  1. If the examiner makes objections to the drawings, they should require correction in reply to the Office action.
  2. The examiner should not permit the objection to be held in abeyance.
  3. If drawings are marked as ‘informal’ but considered acceptable by OPAP, the examiner should not require replacement.

The MPEP clearly states: If the examiner does make objections to the drawings, the examiner should require correction in reply to the Office action and not permit the objection to be held in abeyance.

For more information on specific grounds for finding drawing informalities, examiners should refer to MPEP § 608.02(b), § 608.02(d)§ 608.02(h) and § 608.02(p).

Topics: Patent Law Patent Procedure
Tags: informal drawings, OPAP, patent examination