When are drawings required in a patent application?

According to 35 U.S.C. 113, drawings are required ‘where necessary for the understanding of the subject matter sought to be patented.’ Specifically:

  • For applications filed on or after December 18, 2013 (except design applications), drawings are not required to receive a filing date, but may still be necessary to fully disclose the invention.
  • For applications filed before December 18, 2013, drawings were required at filing if necessary for understanding the invention.
  • Design applications must include drawings to receive a filing date.

The USPTO recommends including drawings in most cases, as they help ensure the requirements of 35 U.S.C. 113 are met for any claimed invention.

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Topics: Patent Law, Patent Procedure
Tags: drawings, filing requirements