What is the process for submitting replacement drawings in a patent application?
Replacement drawings in a patent application are typically entered into the contents of the application routinely. However, the examiner will review them for several factors:
- Presence of new matter
- Necessity of the replacement sheets
- Consistency with other sheets
As stated in MPEP 608.02(h): “All sheets of replacement drawings will be routinely entered into the contents of the application. However, the examiner should not overlook such factors as new matter, the necessity for the replacement sheets and consistency with other sheets.”
If the examiner decides not to enter the replacement drawings, they must provide a complete and explicit reasoning for the denial. The applicant will be notified of this decision, and the previously made entries will be marked ‘not entered’.
To learn more:
Topics:
Patent Law,
Patent Procedure