What drawing requirements can the USPTO impose during national stage examination?
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 USPTO’s ability to impose drawing requirements during the examination of a national stage application is limited. According to MPEP 1893.03(f), “The USPTO may not impose drawing requirements during the examination of a national stage application beyond those imposed by the Patent Cooperation Treaty (e.g., PCT Rule 11).” This means that the USPTO must adhere to the drawing standards set by the PCT and cannot introduce additional requirements specific to the U.S. national stage.