MPEP Q & A 275: Receipt of drawing after the filing date



What actions should happen if an examiner discovers new matter in a substitute or additional drawing?


If the examiner discovers new matter in a substitute or additional drawing, the drawing should not be entered and the examiner should describe the new matter that resulted in non-entry in the next Office action. A new drawing without such new matter maybe required if the examiner determines that a drawing is needed under 37 CFR 1.81 or 37 CFR 1.83.  The examiner’s decision would be reviewable by filing a petition under 37 CFR 1.181.The Technology Center (TC) Director would decide such a petition.

Chapter Details:

The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form, and Content of Application.

The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 608.02 of the MPEP.  The following is a brief summary of section 608.02.

608.02 Drawing

Drawings are covered in this section. A brief discussion on the receipt of drawings after the filing date, handling of drawing requirements under the first sentence and second sentence of 35 U.S.C. 113 are covered. In addition, the standards for drawings is outlined along with definitions of important terms.

Rules for black and white photographs, color drawings or color photographs are covered. Unless a petition is filed and granted, color drawings or color photographs will not be accepted in a utility or design patent application. Lastly, drawing symbols may be used where appropriate.

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