USPTO Figures

Guide for Preparation of
Patent Drawings
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TABLE OF CONTENTS
OVERVIEW 1
PROCESSING OF DRAWINGS 3
Review of Drawings by Office of Initial Patent Examination 3
Review by USPTO Draftsperson 3
On Examiner’s First (Non-Allowance) Action 3
On Examiner’s Subsequent Actions 4
On Allowance 5
After Allowance 6
SELECTED U.S. LAWS AND RULES OF PRACTICE RELATING

TO PATENT DRAWINGS 7
35 U.S.C. 113 Drawings. 7

37 CFR 1.58 Chemical and mathematical formulae and tables. 8
37 CFR 1.74 Reference to drawings. 9
37 CFR 1.81 Drawings required in patent application. 10
37 CFR 1.83 Content of drawing. 11
37 CFR 1.84 Standards for drawings. 12
(a) Drawings. 12
(1) Black ink. 12
(2) Color. 12
(b) Photographs. 14
(1) Black and white. 14
(2) Color photographs. 14
(c) Identification of drawings. 16
(d) Graphic forms in drawings. 17
(e) Type of paper. 18
(f) Size of paper. 19
(g) Margins. 20
(h) Views. 21
(1) Exploded views. 21
(2) Partial views. 21
(3) Sectional views. 22
(4) Alternate position. 22
(5) Modified forms. 22
(i) Arrangement of views. 24
(j) Front page view. 25
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(k) Scale. 26
(l) Character of lines, numbers, and letters. 27
(m) Shading. 28
(n) Symbols. 29
(o) Legends. 30
(p) Numbers, letters, and reference characters. 31
(q) Lead lines. 33
(r) Arrows. 33
(s) Copyright or Mask Work Notice. 34
(t) Numbering of sheets of drawings. 35
(u) Numbering of views. 36
(v) Security markings. 36
(w) Corrections. 37
(x) Holes. 37
(y) Types of Drawings. 37
37 CFR 1.85 Corrections to drawings. 38

37 CFR 1.96 Submission of computer program listings. [shown in part] 40
37 CFR 1.121 Manner of making amendments in applications.
[shown in part] 42
37 CFR 1.151 Rules applicable. [Designs] 43
37 CFR 1.152 Design drawings. 44
37 CFR 1.161 Rules applicable. [Plants] 45
37 CFR 1.165 Plant drawings. 46
37 CFR 1.171 Application for reissue. 49
37 CFR 1.173 Reissue specification, drawings, and amendments. 50
37 CFR 1.211 Publication of applications. [shown in part] 51
37 CFR 1.215 Patent application publication. [shown in part] 52
37 CFR 1.437 The drawings. [International Applications] 53
37 CFR 1.530 Statement by patent owner in ex parte reexamination; amendment
by patent owner in ex parte or inter partes
reexamination; inventorship change in ex parte or inter partes
reexamination. [shown in part] [Reexaminations] 54
Appendix 1 § 1893.03(f) of Manual of Patent Examining Procedure A-1-1
Appendix 2 Article 7 of Patent Cooperation Treaty and
Selected PCT Rules Pertaining to Drawings A-2-1
Appendix 3 Symbols A-3-1
Appendix 4 Drawing Examples A-4-1
Example 1 37 CFR 1.84(a)(1) Black ink. A-4-4

Example 2 37 CFR 1.84(a)(1) Black ink. [computer screen image] A-4-6
Example 3 37 CFR 1.84(c) Identification of drawings. A-4-8
Example 4 37 CFR 1.84(d) Graphic forms in drawings. [chemical formulae] A-4-10
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Example 5 37 CFR 1.84(d) Graphic forms in drawings. [waveforms] A-4-12
Example 6 37 CFR 1.84(d) Graphic forms in drawings. [DNA structures] A-4-14
Example 7 37 CFR 1.84(h) Views. A-4-16
Example 8 37 CFR 1.84(h)(1) Exploded views. A-4-18
Example 9 37 CFR 1.84(h)(2) Partial views. A-4-20
Example 10 37 CFR 1.84(h)(3) Sectional views. A-4-22
Example 11 37 CFR 1.84(h)(4) Alternate position. A-4-24
Example 12 37 CFR 1.84(h)(5) Modified forms. A-4-26
Example 13 37 CFR 1.84(i) Arrangement of views. A-4-28
Example 14 37 CFR 1.84(j) Front page view. A-4-30
Example 15 37 CFR 1.84(l) Character of lines, numbers, and letters. A-4-32
Example 16 37 CFR 1.84(m) Shading. [spaced lines] A-4-34
Example 17 37 CFR 1.84(m) Shading. [stippling] A-4-36
Example 18 37 CFR 1.84(n) Symbols. A-4-38
Example 19 37 CFR 1.84(o) Legends. A-4-40
Example 20 37 CFR 1.84(p) Numbers, letters, and reference characters. A-4-42
Example 21 37 CFR 1.84(q) Lead lines. A-4-44
Example 22 37 CFR 1.84(r) Arrows. A-4-46
Example 23 37 CFR 1.84(s) Copyright or Mask Work Notice. A-4-48
Example 24 37 CFR 1.84(t) Numbering of sheets of drawings. A-4-50
Example 25 37 CFR 1.84(u) Numbering of views. A-4-52
Appendix 5 Form PTO-948 (Rev. 04/02) A-5-1
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OVERVIEW
This edition of the Guide for the Preparation of Patent Drawings replaces the edition
published in October 1993.
Eighteen-month (pre-grant) publication of utility and plant applications has led to major
changes in the way utility and plant drawings are processed by the United States Patent
and Trademark Office (USPTO). See the section titled PROCESSING OF DRAWINGS,
beginning on Page 3.
The section titled SELECTED U.S. RULES OF PRACTICE RELATING TO PATENT

DRAWINGS, beginning on Page 7, shows Title 35, United States Code, Section 113 and
the drawing rules from Title 37, Code of Federal Regulations. In some instances the rule
is followed by additional information under the heading COMMENTS.
With respect to the review of drawings in the U.S. national stage of international
applications, Appendix 1 shows Manual of Patent Examining Procedure (MPEP)
1893.03(f) (Drawings and PCT Rule 11).
With respect to Patent Cooperation Treaty drawing rules, Appendix 2 shows PCT Article
7 (The Drawings), PCT Rule 7 (The Drawings), and relevant portions of PCT Rule 11
(Physical Requirements of the International Application).
Conventional symbols are discussed and shown in Appendix 3.
Appendix 4 presents examples of drawings, each of which serves to illustrate one or more
of the drawing standards set forth in 37 CFR 1.84.
Appendix 5 shows Form PTO-948 (NOTICE OF DRAFTSPERSON'S PATENT

DRAWING REVIEW) as revised in April 2002.
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PROCESSING OF DRAWINGS
 Review of Drawings by Office of Initial Patent Examination

Utility drawings and plant drawings should be publication-ready at the time the
application is filed.
In utility and plant applications filed on or after November 29, 2000 (other than
continued prosecution applications), the Office of Initial Patent Examination (OIPE) will
review the drawings at the time of filing to make sure they are of sufficient quality for
publication. (Since design applications are not subject to eighteen-month publication,
drawings filed in design applications are not reviewed by OIPE.) The procedure for
review of drawings in the Office of Initial Patent Examination is described in Section 507
of the Manual of Patent Examining Procedure (MPEP), Eighth Edition (August 2001).
The Office will enter the publication-ready drawings, and any replacement drawings that
applicant files pursuant to MPEP 507, into an electronic database. When the time for
eighteen-month publication comes, the drawings in their electronic form will be used in
the creation of the patent application (pre-grant) publication.
After the application has been allowed, the issue fee has been paid, and any new drawing
requirements (including any corrections) have been satisfied, the physical drawing sheets
will be captured and used in the creation of the patent (grant) publication.
 Review by Office Draftsperson

There is no requirement that drawings be reviewed by an Office draftsperson. Drawings
will be reviewed by an Office draftsperson only if the examiner seeks the draftsperson’s
assistance in identifying errors in the drawings.
If an Office draftsperson reviews the drawings and finds that they are unacceptable, the
draftsperson should complete a NOTICE OF DRAFTPERSON’S PATENT DRAWING
REVIEW (Form PTO-948) and provide it to the examiner.
 On Examiner’s First (Non-Allowance) Action

The examiner will make sure the drawings are correctly described in the specification’s
brief description of the drawings and in the specification’s detailed description of the
invention. See 37 CFR 1.74 on Page 9 of this drawing guide.
If a NOTICE OF DRAFTSPERSON’S PATENT DRAWING REVIEW is present in the

patent application’s file, the notice should be mailed with the examiner’s first written
communication to the applicant.

If the examiner sees any additional deficiencies in the drawings, he or she should note
those deficiencies in an Office action.
Whether the Office’s objections to the drawings are indicated on a NOTICE OF

DRAFTSPERSON’S PATENT DRAWING REVIEW or in an Office action, the
applicant (a) must supply corrected or replacement drawings or (b) must submit proposed
drawing corrections in accordance with 37 CFR 1.121(d). In this drawing guide, see
Page 42.
 On Examiner’s Subsequent Actions

The examiner will check to see if a drawing correction was required by a prior Office
action and will check to see if the applicant submitted drawings or otherwise replied to
the prior requirement.
If, even though there was no prior requirement for drawing corrections, the applicant
voluntarily submits new drawings: The examiner will acknowledge receipt of the new
drawings and will state whether they are substantively acceptable. If the new drawings
are unacceptable the examiner will explain his/her objections. Such explanation may be
made by means of a reference to an attached NOTICE OF DRAFTSPERSON’S
PATENT DRAWING REVIEW.
If, in response a prior requirement for drawing corrections, the applicant submits a
proposal for drawing corrections: See 37 CFR 1.121(d) on Page 42 of this drawing
guide. The examiner will review the proposed corrections and will determine if the red-
ink changes to the drawings are acceptable and satisfy any earlier requirements set by the
examiner. If the changes are approved by the examiner, the applicant will be notified via
an OFFICE ACTION SUMMARY FORM (PTO-326). This form will state that the
corrected drawings are required in response to the Office action. If the proposed changes
are not approved by the examiner, the applicant will be notified via the next Office
action, which will include an explanation of the reasons for the disapproval. The
applicant will be required to file corrected drawings in response to the Office action to
avoid abandonment of the application.
If, in response to a prior requirement for drawing corrections, the applicant submits
corrected drawings that are acceptable to the examiner: The applicant will be so
notified via the next Office action.
If, in response to a prior requirement for drawing corrections, the applicant submits
corrected drawings that are unacceptable to the examiner: The applicant will be so
notified via the next Office action, which will include an explanation of the reasons for
the unacceptability. The applicant will be required to file corrected drawings in response
to the Office action.
If, in response to a prior requirement for drawing corrections, the applicant submits an
argument that the drawing requirement was improper: If the argument is not

persuasive, the examiner will reply with an explanation of why the requirement is
appropriate. The applicant will be required to file corrected drawings in reply to the
Office action. If the argument is persuasive, the examiner will so state in the reply and
will vacate the drawing requirement.
If, in response to a prior requirement for drawing corrections, the applicant submits a
request that the drawing requirement be held in abeyance with neither drawings nor
proposed drawing corrections: The examiner will hold that the request is not responsive
to the requirement. See 37 CFR 1.85(a) on Page 38 of this drawing guide.
If, in response to a final Office action, the applicant submits a request for continued
examination (RCE), but neither drawing corrections nor an argument that the drawing
requirement was improper, and the period for reply to the action has run: The
examiner will hold the RCE improper because the reply was not a bona fide reply, and
hold the application to be abandoned.
 On Allowance
Status of proposed drawing correction or of new drawings: If the examiner has not
previously provided such an indication, the examiner will indicate the acceptability or
unacceptability of any proposed drawing correction or any new drawings.
Specification’s brief description of the drawings: If drawings have been added or

amended, the examiner should check the specification’s brief description of the drawings
to make sure that there is a brief description of each drawing and that each drawing
described in the specification has been accepted and included in the file. The
specification must be amended if the brief description of the drawings has been omitted
or is incorrect. It should be noted that when the drawing sheets show partial views or
subdivided views (that is, views that share the same Arabic numeral), it is acceptable for
the specification’s brief description of the drawings to state the figure number by Arabic
numeral only. For example, the drawing sheets may show FIG. 6A and FIG. 6B, but it is
acceptable for the brief description to read “FIG. 6 shows … .” However, if the brief
description does identify FIG. 6A, then it must also identify FIG. 6B, and must be
amended accordingly if it does not do so.
If applicant has indicated that drawings are informal: If the applicant has indicated that
the drawings submitted on filing were informal, the examiner will not for that reason
alone set a requirement that “formal” drawings be submitted.
If the Notice of Allowability requires the applicant to file corrected or new drawings:
The examiner will properly mark the Notice of Allowability when a drawing correction
requirement or a new drawing requirement is being set at the time of allowance. The
applicant must submit the required drawings within three months of the mail date of the
Notice of Allowability, which sets the requirement. This response period cannot be
extended. If the required drawings are not timely submitted by the end of the three-

month response period, the application will be abandoned. See 37 CFR 1.85(c) on Page
38 of this drawing guide.
 After Allowance
The allowed application, including any drawings, will be forwarded to the Office of
Patent Publication. Drawings submitted during the post-allowance period will be
forwarded to the Office of Patent Publication.
If the Office of Patent Publication receives drawings that cannot be optically scanned
or that are otherwise unacceptable for publication: The Office of Patent Publication
will inform the applicant by mail that a new requirement for corrected drawings has been
set. The applicant must submit the corrected drawings within two months of the mail
date of the requirement. This two-month response period cannot be extended.
If an applicant who has already met the drawing requirement chooses to voluntarily
submit new drawings after allowance and after payment of the issue fee: The Office of
Patent Publication may or may not capture and publish such drawings as part of the
patent, depending upon the expediency with which these new drawings can be processed
and provided that an amendment to the brief or detailed description of the drawings to
correspond to the new figure(s) if required, is also filed.
Fax submission of drawings with faxed payment of the issue fee: The USPTO sua
sponte waived the prohibition in 37 CFR 1.6(d)(4) against the submission of drawings by
facsimile transmission with the issue fee. See the notice entitled Payment of the Issue
Fee and Filing Related Correspondence by Facsimile, 1254 Off. Gaz. Pat. Office 91
(January 15, 2002). Applicants should still consider the type of drawing in terms of
reproducibility by the receiving facsimile machine, recognizing that the quality of the
drawings may be affected by the transmission process, before deciding to transmit
drawings to the USPTO by facsimile transmission. Should the USPTO receive an
unacceptable reproduction, applicants will be so informed and given an opportunity to
resubmit acceptable corrected drawings by mail. Fax drawings should be submitted with
the payment of the issue fee to (703) 746-4000.

SELECTED U.S. LAWS AND RULES OF PRACTICE
RELATING TO PATENT DRAWINGS
from
United States Code Title 35—Patents
PART II—PATENTABILITY OF INVENTIONS
AND GRANT OF PATENTS
Chapter 11—APPLICATION FOR PATENT
35 U.S.C. 113 Drawings.
The applicant shall furnish a drawing where necessary for the

understanding of the subject matter sought to be patented. When the nature
of such subject matter admits of illustration by a drawing and the applicant
has not furnished such a drawing, the Director may require its submission
within a time period of not less than two months from the sending of a notice
thereof. Drawings submitted after the filing date of the application may not
be used (i) to overcome any insufficiency of the specification due to lack of
an enabling disclosure or otherwise inadequate disclosure therein, or (ii) to
supplement the original disclosure thereof for the purpose of interpretation
of the scope of any claim.

from
Title 37—Code of Federal Regulations
Patents, Trademarks, and Copyrights
CHAPTER I—PATENT AND TRADEMARK OFFICE,

DEPARTMENT OF COMMERICE
PART 1—RULES OF PRACTICE IN PATENT CASES
Subpart B—National Processing Provisions
THE APPLICATION
37 CFR 1.58 Chemical and mathematical formulae and tables.
(a) The specification, including the claims, may contain chemical and
mathematical formulas, but shall not contain drawings or flow diagrams.
The description portion of the specification may contain tables; claims may
contain tables . . .
. . .
_____________________________________________________________
COMMENTS
Under 37 CFR 1.58 the specification may not contain drawings, flow charts, graphs,
waveforms, etc.
Under 37 CFR 1.58 the specification may contain chemical formulas, mathematical
equations, and tables.
Under 37 CFR 1.84(d) chemical formulas, mathematical equations, and tables may be
submitted as drawings. See Page 17.
_____________________________________________________________________

from

SPECIFICATION
37 CFR 1.74 Reference to drawings.
When there are drawings, there shall be a brief description of the

several views of the drawings and the detailed description of the invention
shall refer to the different views by specifying the numbers of the figures
and to the different parts by use of reference letters or numerals (preferably
the latter).

from

THE DRAWINGS
37 CFR 1.81 Drawings required in patent application.

(a) The applicant for a patent is required to furnish a drawing of his
or her invention where necessary for the understanding of the subject matter
sought to be patented; this drawing, or a high quality copy thereof, must be
filed with the application. Since corrections are the responsibility of the
applicant, the original drawing(s) should be retained by the applicant for any
necessary future correction.
(b) Drawings may include illustrations, which facilitate an

understanding of the invention (for example, flowsheets in cases of
processes, and diagrammatic views).
(c) Whenever the nature of the subject matter sought to be patented

admits of illustration by a drawing without its being necessary for the
understanding of the subject matter and the applicant has not furnished such
a drawing, the examiner will require its submission within a time period of
not less than two months from the date of the sending of a notice thereof.
(d) Drawings submitted after the filing date of the application may not
be used to overcome any insufficiency of the specification due to lack of an
enabling disclosure or otherwise inadequate disclosure therein, or to
supplement the original disclosure thereof for the purpose of interpretation
of the scope of any claim.
37 CFR 1.83 Content of drawing.

(a) The drawing in a nonprovisional application must show every
feature of the invention specified in the claims. However, conventional
features disclosed in the description and claims, where their detailed
illustration is not essential for a proper understanding of the invention,
should be illustrated in the drawing in the form of a graphical drawing
symbol or a labeled representation (e.g., a labeled rectangular box).
(b) When the invention consists of an improvement on an old

machine the drawing must when possible exhibit, in one or more views, the
improved portion itself, disconnected from the old structure, and also in
another view, so much only of the old structure as will suffice to show the
connection of the invention therewith.
(c) Where the drawings in a nonprovisional application do not

comply with the requirements of paragraphs (a) and (b) of this section, the
examiner shall require such additional illustration within a time period of not
less than two months from the date of the sending of a notice thereof. Such
corrections are subject to the requirements of § 1.81(d).

37 CFR 1.84(a) Standards for drawings
(a) Drawings. There are two acceptable categories for presenting

drawings in utility and design patent applications:
(1) Black ink. Black and white drawings are normally required.
India ink, or its equivalent that secures solid black lines, must be used for
drawings; or
(2) Color. On rare occasions, color drawings may be necessary as the
only practical medium by which to disclose the subject matter sought to be
patented in a utility or design patent application or the subject matter of a
statutory invention registration. The color drawings must be of sufficient
quality such that all details in the drawings are reproducible in black and
white in the printed patent. Color drawings are not permitted in international
applications (see PCT Rule 11.13), or in an application, or copy thereof,
submitted under the Office electronic filing system. The Office will accept
color drawings in utility or design patent applications and statutory invention
registrations only after granting a petition filed under this paragraph
explaining why the color drawings are necessary. Any such petition must
include the following:
(i) The fee set forth in § 1.17(h);
(ii) Three (3) sets of color drawings;
(iii) A black and white photocopy that accurately depicts, to the extent
possible, the subject matter shown in the color drawing; and
(iv) An amendment to the specification to insert (unless the

specification contains or has been previously amended to contain) the
following language as the first paragraph of the brief description of
the drawings:
The patent or application file contains at least one drawing

executed in color. Copies of this patent or patent application publication
with color drawing(s) will be provided by the Office upon request and
payment of the necessary fee.

37 CFR 1.84(a) [COMMENTS]
_____________________________________________________________
COMMENTS
See the notice titled Interim Waiver of Parts of 37 CFR 1.84 and 1.165, and Delay in the
Enforcement of the Change in 37 CFR 1.84(e) to No Longer Permit Mounting of
Photographs, as published in the Official Gazette on May 22, 2001 (1246 OG 106):
 WAIVER: The Office has waived the requirement set forth in 37 CFR 1.84(a)(2)(iii)
and 1.165(b) by which the applicant was to file a black and white photocopy of a
color drawing or color photograph. The black and white photocopy of the color
drawing or color photograph is not required.
In general, “black ink” drawings must be prepared with the aid of drafting instruments.
The Office will also accept computer-generated “black ink” drawings provided that the
drawings are substantially equivalent in quality to drawings made with drafting
instruments. The jagged and wavy lines characteristic of some computer- generated
drawing systems must be kept to an absolute minimum. The artwork in drawings
submitted to the Office should be of a professional quality.
The “black ink” drawing may a computer screen image when such an image is necessary
for the understanding of the invention.
When color drawings are accepted after the granting of a petition, the three sets are
distributed as follows:
 One set remains in the patent application file wrapper.
 One set is included within the official grant of the Letters Patent for routing to
the applicant.
 One set is maintained in the Office of Public Records, Document Services

Division, and is to be used for color-copying purposes when the Office of Public
Records sells color copies of the patent for the fee set forth in 37 CFR 1.19(a)(2)
or (3).
In patent application publications, the drawings are published in black and white, even
when the applicant has filed color drawings. In utility and design patents and statutory
invention registrations, the drawings are published in black and white, even when the
applicant has filed color drawings, except (as described above) any color drawings will
be included in the official grant of the Letters Patent and in color copies of the patent sold
by the Office of Public Records. Only the paper copies of plant patents are published in
color.
_____________________________________________________________

37 CFR 1.84(b)
Photographs.
(1) Black and white. Photographs, including photocopies of

photographs, are not ordinarily permitted in utility and design patent
applications. The Office will accept photographs in utility and design patent
applications, however, if photographs are the only practicable medium for
illustrating the claimed invention. For example, photographs or
photomicrographs of: electrophoresis gels, blots (e.g., immunological,
western, Southern, and northern), autoradiographs, cell cultures (stained and
unstained), histological tissue cross sections (stained and unstained),
animals, plants, in vivo imaging, thin layer chromatography plates,
crystalline structures, and, in a design patent application, ornamental effects,
are acceptable. If the subject matter of the application admits of illustration
by a drawing, the examiner may require a drawing in place of the
photograph. The photographs must be of sufficient quality so that all details
in the photographs are reproducible in the printed patent.
(2) Color photographs. Color photographs will be accepted in

utility and design patent applications if the conditions for accepting color
drawings and black and white photographs have been satisfied. See
paragraphs (a)(2) and (b)(1) of this section.
_____________________________________________________________
COMMENTS
Patent practitioners are cautioned that photographs cannot be removed from applications
pending in the Office. Therefore, practitioners should make sure they retain an original
set of photographs.
The Office is willing to accept black-and-white photographs or photomicrographs (not

photolithographs or other reproductions of photographs made by using screens)
developed on photographic paper in lieu of ink drawings to illustrate inventions which
are incapable of being accurately or adequately depicted by ink drawings. The
photographs or photomicrographs must show the invention more clearly than it can be
shown by ink drawings and otherwise comply with the rules concerning such drawings.
Examples of acceptable categories of photographs are listed in the rule.

37 CFR 1.84(b) [continuation of COMMENTS]
There are instances when photographs are produced through use of equipment such as
tunneling electron microscopy (TEM). For example, in areas such as solid state
electronics, wherein single atoms or single atomic layers can form part of the invention,
only TEM or comparable equipment images can resolve single atoms or radicals. In such
instances, the Office will not necessarily object to the images for not being completely
sharp as long as the content of such TEMs adds to the understanding of the invention and
as long as the TEMs can be adequately reproduced in the printed patent.
Photographs taken with such specialized equipment must meet the same standards as
photographs which do not require such specialized equipment. Images produced through
use of specialized equipment may not always appear with secure black solid lines.
However, the drawing review will consider such limitations and accept full tone
photographs that meet the specified requirements.
Although photographs are not mentioned in PCT Rule 11, it is possible for black and
white photographs to appear as drawings in an international application. In part, MPEP
1825 states the following:
The PCT makes no provision for photographs. Nevertheless, they

are allowed by the International Bureau where it is impossible to
present in a drawing what is to be shown (for instance, crystalline
structures). Where, exceptionally, photographs are submitted, they
must be on sheets of A4 size, they must be black and white, and they
must respect the minimum margins and admit of direct reproduction.
Color photographs are not accepted.
In the U.S. national stage, the Office will accept the photographs that have been approved
in the international application. Since MPEP 1893.03(f) prohibits the Office from
imposing requirements beyond those in PCT Rule 11, it is not necessary for national
stage cases to meet the petition requirement or three-set requirement set forth in 37 CFR
1.84(b). See Appendix 1 and Appendix 2.
The Office will object to mounted photographs. See Page 18.
The Office will not object if photographs are submitted on shiny or glossy paper. See
Page 18.
The Office has waived the requirement that the applicant submit a black and white
photocopy of a color photograph. See Page 13.
_____________________________________________________________

37 CFR 1.84(c)
(c) Identification of drawings. Identifying indicia, if provided,

should include the title of the invention, inventor’s name, and application
number, or docket number (if any) if an application number has not been
assigned to the application. If this information is provided, it must be placed
on the front of each sheet and centered within the top margin.
_____________________________________________________________
COMMENTS
Although identifying indicia are not required and although the absence of such indicia
will not be the basis of an objection, nevertheless the Office does strongly encourage
applicants to provide such identifying information so that the Office can match a drawing
sheet to the proper application. Indicia, if provided on the front of the drawings must be
placed on the front of each sheet and centered within the top margin so that electronic and
paper copies of the drawings will include the indicia. If indicia is placed on the back of
the drawings, the drawings will not be objected to, but electronic and paper copies of the
drawings will not have the benefit of the indicia.
In a drawing that appears in the U.S. national stage of an international application filed
under the Patent Cooperation Treaty, the top of the drawing sheet may show the
international publication number and publication date. This is not objectionable under 37
CFR 1.84(c).
_____________________________________________________________

37 CFR 1.84(d)
(d) Graphic forms in drawings. Chemical or mathematical formulae,

tables, and waveforms may be submitted as drawings and are subject to the
same requirements as drawings. Each chemical or mathematical formula
must be labeled as a separate figure, using brackets when necessary, to show
that information is properly integrated. Each group of waveforms must be
presented as a single figure, using a common vertical axis with time
extending along the horizontal axis. Each individual waveform discussed in
the specification must be identified with a separate letter designation
adjacent to the vertical axis.
_____________________________________________________________
COMMENTS
See Page 8. Under 37 CFR 1.58 chemical formulas, mathematical equations, and tables
may be included in the specification. However, the specification may not contain flow
diagrams, waveforms, graphs, etc., which must be submitted as drawings.
If a computer program listing is 300 or fewer lines and each line is 72 or fewer
characters, the listing may be submitted as drawings. See 37 CFR 1.96 on Pages 4041.
Nucleotide and/or amino acid sequence data may be submitted as drawings, but the
application is nevertheless subject to the Sequence Listing rules set forth in 37 CFR 1.821
through 1.825that is, the applicant must submit computer readable form, etc.if the
application (including the drawings) contains “an unbranched sequence of four or more
amino acids or an unbranched sequence of ten or more nucleotides.”
_____________________________________________________________

37 CFR 1.84(e)
(e) Type of paper. Drawings submitted to the Office must be made

on paper which is flexible, strong, white, smooth, non-shiny, and durable.
All sheets must be reasonably free from cracks, creases, and folds. Only one
side of the sheet may be used for the drawing. Each sheet must be
reasonably free from erasures and must be free from alterations,
overwritings, and interlineations. Photographs must be developed on paper
meeting the sheet-size requirements of paragraph (f) of this section and the
margin requirements of paragraph (g) of this section. See paragraph (b) of
this section for other requirements for photographs.
_____________________________________________________________
COMMENTS
See the notice titled Interim Waiver of Parts of 37 CFR 1.84 and 1.165, and Delay in
the Enforcement of the Change in 37 CFR 1.84(e) to No Longer Permit Mounting of
Photographs, as published in the Official Gazette on May 22, 2001 (1246 OG 106).
 PARTIAL WAIVER: 37 CFR 1.84(e) requires that drawings be submitted on non-

shiny paper. While the Office continues to require that line drawings be submitted on
non-shiny paper, the Office will not object if photographs are submitted on shiny or
glossy paper. See COMMENTS under 37 CFR 1.165(b) on Page 46.
 ENFORCEMENT DELAYED BUT NOW IN EFFECT: As of October 1, 2001,

the Office will object to mounted photographs. 37 CFR 1.84(e) precludes the
mounting of photographs. However, some applicants continued to file mounted
photographs after the rule went into effect on November 29, 2000. Instead of
requiring “applicants to obtain costly unmounted replacements” and in order “to
allow applicants more time to explore alternative options (e.g., use of digital cameras
or development options resulting in a digital image),” the Office delayed enforcement
of the rule until October 1, 2001.
The requirement that the drawing be "reasonably free" from erasures, alterations, etc., is
set forth so that, upon reproduction in the printed patent grant, the drawing will be clear
and understandable.
In the interest of protecting the drawings, practitioners are encouraged to transmit

drawings by mail so that they are (1) protected by a sheet of heavy binder's board or (2)
hand-carried to the Office. Drawings should never be folded. Drawings may be faxed
with payment of the issue fee (see Page 6); however, the quality of some drawings may
be deteriorated by the faxing process.
_____________________________________________________________

37 CFR 1.84(f)
(f) Size of paper. All drawing sheets in an application must be the

same size. One of the shorter sides of the sheet is regarded as its top. The
size of the sheets on which drawings are made must be:
(1) 21.0 cm. by 29.7 cm. (DIN size A4), or
(2) 21.6 cm. by 27.9 cm. (8½ by 11 inches).
_____________________________________________________________
COMMENTS
PCT Rule 11.5 states that the International Bureau's record copy of an international
application must be size A4. Since the International Bureau provides the copies of
drawings for the national stage to the designated offices, the drawing sheets in the U.S.
national stage of an international application will be size A4. See Appendix 2.
_____________________________________________________________

37 CFR 1.84(g)
(g) Margins. The sheets must not contain frames around the sight
(i.e., the usable surface), but should have scan target points (i.e., cross-hairs)
printed on two cater-corner margin corners. Each sheet must include a top
margin of at least 2.5 cm. (1 inch), a left side margin of at least 2.5 cm. (1
inch), a right side margin of at least 1.5 cm. (5/8 inch), and a bottom margin
of at least 1.0 cm. (3/8 inch), thereby leaving a sight no greater than 17.0 cm.
by 26.2 cm. on 21.0 cm. by 29.7 cm. (DIN size A4) drawing sheets, and a
sight no greater than 17.6 cm. by 24.4 cm. (6 15/16 by 9 5/8 inches) on 21.6
cm. by 27.9 cm. (8½ by 11 inch) drawing sheets.
_____________________________________________________________
COMMENTS
Scan target points facilitate the scanning and printing of the patent drawings and are
desirable in light of the different sights on the two acceptable sheet sizes. 37 CFR
1.84(g) says that the drawing sheets "should" have these scan target points, which
indicates that the Office is stating a preference and will not object to the absence of the
scan target points.
See PCT Rule 11.6(e) on Page A-2-4 of Appendix 2. This rule states that "the margins of
the international application ... must be completely blank." It has been suggested that
scan target points are in conflict with this rule. As indicated above, the applicant may
elect not to place scan target points on the drawing sheets. Otherwise, an applicant filing
drawings that were previously filed in an international application may add the scan
target points only to the copies of the drawing sheets being filed in the Office. Similarly,
an applicant filing drawings that will later be filed as part of an international application
may place scan target points only on the copies of the drawings being filed in the Office.
_____________________________________________________________

37 CFR 1.84(h)
(h) Views. The drawing must contain as many views as necessary to

show the invention. The views may be plan, elevation, section, or
perspective views. Detail views of portions of elements, on a larger scale if
necessary, may also be used. All views of the drawing must be grouped
together and arranged on the sheet(s) without wasting space, preferably in an
upright position, clearly separated from one another, and must not be
included in the sheets containing the specifications, claims, or abstract.
Views must not be connected by projection lines and must not contain center
lines. Waveforms of electrical signals may be connected by dashed lines to
show the relative timing of the waveforms.
(1) Exploded views. Exploded views, with the separated parts

embraced by a bracket, to show the relationship or order of assembly of
various parts are permissible. When an exploded view is shown in a figure
which is on the same sheet as another figure, the exploded view should be
placed in brackets.
(2) Partial views. When necessary, a view of a large machine or

device in its entirety may be broken into partial views on a single sheet, or
extended over several sheets if there is no loss in facility of understanding
the view. Partial views drawn on separate sheets must always be capable of
being linked edge to edge so that no partial view contains parts of another
partial view. A smaller scale view should be included showing the whole
formed by the partial views and indicating the positions of the parts shown.
When a portion of a view is enlarged for magnification purposes, the view
and the enlarged view must each be labeled as separate views.
(i) Where views on two or more sheets form, in effect, a single

complete view, the views on the several sheets must be so arranged that the
complete figure can be assembled without concealing any part of any of the
views appearing on the various sheets.
(ii) A very long view may be divided into several parts placed one
above the other on a single sheet. However, the relationship between the
different parts must be clear and unambiguous.

37 CFR 1.84(h) [continued]
(3) Sectional views. The plane upon which a sectional view is taken
should be indicated on the view from which the section is cut by a broken
line. The ends of the broken line should be designated by Arabic or Roman
numerals corresponding to the view number of the sectional view, and
should have arrows to indicate the direction of sight. Hatching must be used
to indicate section portions of an object, and must be made by regularly
spaced oblique parallel lines spaced sufficiently apart to enable the lines to
be distinguished without difficulty. Hatching should not impede the clear
reading of the reference characters and lead lines. If it is not possible to
place reference characters outside the hatched area, the hatching may be
broken off wherever reference characters are inserted. Hatching must be at a
substantial angle to the surrounding axes or principal lines, preferably 45°.
A cross section must be set out and drawn to show all of the materials as
they are shown in the view from which the cross section was taken. The
parts in cross section must show proper material(s) by hatching with
regularly spaced parallel oblique strokes, the space between strokes being
chosen on the basis of the total area to be hatched. The various parts of a
cross section of the same item should be hatched in the same manner and
should accurately and graphically indicate the nature of the material(s) that
is illustrated in cross section. The hatching of juxtaposed different elements
must be angled in a different way. In the case of large areas, hatching may
be confined to an edging drawn around the entire inside of the outline of the
area to be hatched. Different types of hatching should have different
conventional meanings as regards the nature of a material seen in cross
section.
(4) Alternate position. A moved position may be shown by a broken

line superimposed upon a suitable view if this can be done without
crowding; otherwise, a separate view must be used for this purpose.
(5) Modified forms. Modified forms of construction must be shown

in separate views.

37 CFR 1.84(h) [COMMENTS]
_____________________________________________________________
COMMENTS
With respect to 37 CFR 1.84(h)(3), section lines should be designated by numbers

corresponding to the view number and not by letters.
Hatching as described in 37 CFR 1.84(h)(3) and shading as described in 37 CFR 1.84(m)

are not the same technique:
 Hatching is used in cross-sectional views to show “section portions of an object” and

consists of “regularly spaced oblique parallel lines.” Sometimes a particular form of
hatching (see Appendix 3) denotes the material of which a section portion is made.
 Shading (see Page 28) is used in perspective views to indicate the “surface or shape
of spherical, cylindrical, and conical elements of an object,” although “Flat parts may
also be lightly shaded.” Spaced lines are preferred for shading, although stippling
and other techniques may be used.
Example 6 in Appendix 4 shows a use of hatching that is an exception to 37 CFR

1.84(h)(3).
_____________________________________________________________

37 CFR 1.84(i)
(i) Arrangement of views. One view must not be placed upon

another or within the outline of another. All views on the same sheet should
stand in the same direction and, if possible, stand so that they can be read
with the sheet held in an upright position. If views wider than the width of
the sheet are necessary for the clearest illustration of the invention, the sheet
may be turned on its side so that the top of the sheet, with the appropriate top
margin to be used as the heading space, is on the right-hand side. Words
must appear in a horizontal, left-to-right fashion when the page is either
upright or turned so that the top becomes the right side, except for graphs
utilizing standard scientific convention to denote the axis of abscissas (of X)
and the axis of ordinates (of Y).
_____________________________________________________________
COMMENTS
One view is not to be superimposed within the outline of another. The requirement that
"Words ... appear in a horizontal, left-to-right fashion when the page is either upright or
turned so that the top becomes the right side ..." expands the possibilities for presenting
graphs to conform to standard scientific conventions, while using a format compatible
with automated patent searching displays, such that drawings can be viewed on a monitor
in such a manner that words/numbers appear either in the upright position or rotated 90°
to the right.
_____________________________________________________________

37 CFR 1.84(j)
(j) Front page view. The drawing must contain as many views as
necessary to show the invention. One of the views should be suitable for
inclusion on the front page of the patent application publication and patent
as the illustration of the invention. Views must not be connected by
projection lines and must not contain center lines. Applicant may suggest a
single view (by figure number) for inclusion on the front page of the patent
application publication and patent.
_____________________________________________________________
COMMENTS
Although the applicant may suggest a “front page” figure, the Office may decide that
another figure will better illustrate the invention on the patent application publication’s
front page or on the patent’s front page. As stated in the preamble to the final rulemaking
titled Changes to Implement Eighteen-Month Publication of Patent Applications, 1239
Off. Gaz. Pat. Office 6396 (October 10, 2000):
. . . Section 1.84(j) is . . . amended to provide that: (1) One of the views

should be suitable for inclusion on the front page of the patent
application publication and patent as illustration of the invention; and
(2) applicant may suggest a single view (by figure number) for inclusion
on the front page of the patent application publication and patent.
Applicants should indicate in the application transmittal letter the
figure number of the view suggested for inclusion on the front page of
the patent application publication and patent. The Office, however, is
not bound by the applicant’s suggestion. . . .
The view that is shown on the front page of the patent will also be shown in the Official
Gazette for patents. (There is no Official Gazette for patent application publications.)
The selected view should be at a scale that will clearly illustrate details after being
subjected to as much as two-thirds reduction. See 37 CFR 1.84(k).
_____________________________________________________________

37 CFR 1.84(k)
(k) Scale. The scale to which a drawing is made must be large

enough to show the mechanism without crowding when the drawing is
reduced in size to two-thirds in reproduction. Indications such as “actual
size” or “scale ½” on the drawings are not permitted since these lose their
meaning with reproduction in a different format.
_____________________________________________________________
COMMENTS
Although indications such as "actual size" or "scale ½" are not allowed, measurement
indications such as " 1 inch " or " 45° " are acceptable.
_____________________________________________________________

37 CFR 1.84(l)
(l) Character of lines, numbers, and letters. All drawings must be

made by a process, which will give them satisfactory reproduction
characteristics. Every line, number, and letter must be durable, clean, black
(except for color drawings), sufficiently dense and dark, and uniformly thick
and well-defined. The weight of all lines and letters must be heavy enough
to permit adequate reproduction. This requirement applies to all lines
however fine, to shading, and to lines representing cut surfaces in sectional
views. Lines and strokes of different thicknesses may be used in the same
drawing where different thicknesses have a different meaning.
_____________________________________________________________
COMMENTS
Use a continuous thick line for edging and outlining views and cross sections.
Use a continuous thin line for leading lines, hatching, outlining parts of adjoining
elements, fictitious lines of intersection of surfaces connected by curved or rounded
edges.
Use a continuous thin line drawn freehand for delimiting views, part sections, or
interrupted views.
Use a thin broken line made up of short dashes for hidden edges and contours.
Use a dot-dash thin line for axes and planes of symmetry, extreme positions of moveable
elements, in front of a cross section.
Use a thin line terminating in one heavy line for outlines of cross sections.
_____________________________________________________________

37 CFR 1.84(m)
(m) Shading. The use of shading in views is encouraged if it aids in

understanding the invention and if it does not reduce legibility. Shading is
used to indicate the surface or shape of spherical, cylindrical, and conical
elements of an object. Flat parts may also be lightly shaded. Such shading
is preferred in the case of parts shown in perspective, but not for cross
sections. See paragraph (h)(3) of this section. Spaced lines for shading are
preferred. These lines must be thin, as few in number as practicable, and
they must contrast with the rest of the drawings. As a substitute for shading,
heavy lines on the shade side of objects can be used except where they
superimpose on each other or obscure reference characters. Light should
come from the upper left corner at an angle of 45°. Surface delineations
should preferably be shown by proper shading. Solid black shading areas
are not permitted, except when used to represent bar graphs or color.
_____________________________________________________________
COMMENTS
Shading as described in 37 CFR 1.84(m) and hatching as described in 37 CFR 1.84(h)(3)

are not the same technique:
 Shading is used in perspective views to indicate the “surface or shape” of an element.

Spaced lines (see Example 16 in Appendix 4) are preferred for shading, although
stippling (see Example 17 in Appendix 4) and other techniques may be used.
 Hatching (see Pages 22 and 23) is used in cross-sectional views to show “section
portions of an object” and consists of “regularly spaced oblique parallel lines.”
Sometimes a particular form of hatching (see Appendix 3) denotes the material of
which a section portion is made.
_____________________________________________________________

37 CFR 1.84(n)
(n) Symbols. Graphical drawing symbols may be used for

conventional elements when appropriate. The elements for which such
symbols and labeled representations are used must be adequately identified
in the specification. Known devices should be illustrated by symbols which
have a universally recognized conventional meaning and are generally
accepted in the art. Other symbols which are not universally recognized
may be used, subject to approval by the Office, if they are not likely to be
confused with existing conventional symbols, and if they are readily
identifiable.
_____________________________________________________________
COMMENTS
See Appendix 3.
_____________________________________________________________

37 CFR 1.84(o)
(o) Legends. Suitable descriptive legends may be used subject to

approval by the Office, or may be required by the examiner where necessary
for understanding of the drawing. They should contain as few words as
possible.
_____________________________________________________________
COMMENTS
Words should not be used to describe the figure itself, such as "This is a bar graph."
All text legends must be approved by the Office.
The elements for which such labeled representations are used must be adequately
identified in the specification.
Drawings cannot contain the following:
 Expressions or depictions contrary to morality.
 Expressions or depictions contrary to public order.
 Trademarks and service marks unless the applicant is shown to have a proprietary
interest in the mark.
 Any statement or other matter obviously irrelevant or unnecessary under the

circumstances.
The “as few words as possible” guideline does not apply when the drawing is a computer
screen image. See Example 2 in Appendix 4.

37 CFR 1.84(p)
(p) Numbers, letters, and reference characters.
(1) Reference characters (numerals are preferred), sheet numbers,

and view numbers must be plain and legible, and must not be used in
association with brackets or inverted commas, or enclosed within outlines,
e.g., encircled. They must be oriented in the same direction as the view so
as to avoid having to rotate the sheet. Reference characters should be
arranged to follow the profile of the object depicted.
(2) The English alphabet must be used for letters, except where
another alphabet is customarily used, such as the Greek alphabet to indicate
angles, wavelengths, and mathematical formulas.
(3) Numbers, letters, and reference characters must measure at least

.32 cm. (1/8 inch) in height. They should not be placed in the drawing so as
to interfere with its comprehension. Therefore, they should not cross or
mingle with the lines. They should not be placed upon hatched or shaded
surfaces. When necessary, such as indicating a surface or cross section, a
reference character may be underlined and a blank space may be left in the
hatching or shading where the character occurs so that it appears distinct.
(4) The same part of an invention appearing in more than one view
of the drawing must always be designated by the same reference character,
and the same reference character must never be used to designate different
parts.
(5) Reference characters not mentioned in the description shall not

appear in the drawings. Reference characters mentioned in the description
must appear in the drawings.

37 CFR 1.84(p) [COMMENTS]
_____________________________________________________________
COMMENTS
Each element on a view must be identified by a reference number, except on design

drawings.
While the rules do not specifically prohibit such practices, the use of primed reference
characters should be kept to a minimum. Single primed characters for designating the
same element in different embodiments, if used sparingly, can aid in easily understanding
the invention and its different embodiments, but the overuse of primed numbers tends to
obfuscate the drawings and should be avoided. The same holds for subscript and
superscript numbers. Although the rules do not specifically prohibit the use of subscripts
and superscripts, such use tends to obfuscate the drawing and should be avoided.
_____________________________________________________________

37 CFR 1.84(q)
(q) Lead lines. Lead lines are those lines between the reference
characters and the details referred to. Such lines may be straight or curved
and should be as short as possible. They must originate in the immediate
proximity of the reference character and extend to the feature indicated.
Lead lines must not cross each other. Lead lines are required for each
reference character except for those, which indicate the surface or cross
section on which they are placed. Such a reference character must be
underlined to make it clear that a lead line has not been left out by mistake.
Lead lines must be executed in the same way as lines in the drawing. See
paragraph (l) of this section.
37 CFR 1.84(r)
(r) Arrows. Arrows may be used at the ends of lines, provided that
their meaning is clear, as follows:
(1) On a lead line, a freestanding arrow to indicate the entire section

towards which it points;
(2) On a lead line, an arrow touching a line to indicate the surface

shown by the line looking along the direction of the arrow; or
(3) To show the direction of movement.

37 CFR 1.84(s)
(s) Copyright or Mask Work Notice. A copyright or mask work

notice may appear in the drawing, but must be placed within the sight of the
drawing immediately below the figure representing the copyright or mask
work material and be limited to letters having a print size of .32 cm. to .64
cm. ( to ¼ inches) high. The content of the notice must be limited to only
those elements provided for by law. For example, " ©1983 John Doe" (17
U.S.C. 401) and "*M* John Doe" (17 U.S.C. 909) would be properly limited
and, under current statutes, legally sufficient notices of copyright and mask
work, respectively. Inclusion of a copyright or mask work notice will be
permitted only if the authorization language set forth in § 1.71(e) is included
at the beginning (preferably as the first paragraph) of the specification.
_____________________________________________________________
COMMENTS
§ 1.71(d) and § 1.71(e) are reproduced below:
37 CFR 1.71 Detailed description and specification of the invention.
. . .
(d) A copyright or mask work notice may be placed in a design or

utility patent application adjacent to copyright and mask work material
contained therein. The notice may appear at any appropriate portion of the
patent application disclosure. For notices in drawings, see § 1.84(s). The content
of the notice must be limited to only those elements provided for by law. For
example, "©1983 John Doe (17 U.S.C. 401) and "*M* John Doe" (17 U.S.C.
909) would be properly limited and, under current statutes, legally
sufficient notices of copyright and mask work, respectively. Inclusion of a
copyright or mask work notice will be permitted only if the authorization
language set forth in paragraph (e) of this section is included at the beginning
(preferably as the first paragraph) of the specification.
(e) The authorization shall read as follows:
A portion of the disclosure of this patent document contains material, which is subject to
(copyright or mask work) protection. The (copyright or mask work) owner has no objection
to the facsimile reproduction by anyone of the patent document or the patent disclosure, as it
appears in the Patent and Trademark Office patent file or records, but otherwise reserves all
(copyright or mask work) rights whatsoever.
_____________________________________________________________

37 CFR 1.84(t)
(t) Numbering of sheets of drawings. The sheets of drawings should

be numbered in consecutive Arabic numerals, starting with 1, within the
sight as defined in paragraph (g) of this section. These numbers, if present,
must be placed in the middle of the top of the sheet, but not in the margin.
The numbers can be placed on the right-hand side if the drawing extends too
close to the middle of the top edge of the usable surface. The drawing sheet
numbering must be clear and larger than the numbers used as reference
characters to avoid confusion. The number of each sheet should be shown
by two Arabic numerals placed on either side of an oblique line, with the
first being the sheet number and the second being the total number of sheets
of drawings, with no other marking.
_____________________________________________________________
COMMENTS
For example, 2/6 at the top of the sheet would indicate that the sheet is the second sheet
of a total of six sheets. If the arrangement of the view is rotated as set forth in 37 CFR
1.84(i), the sheet number must remain as set forth in 37 CFR 1.84(t).
According to PCT Rule 11.7 (see Page A-2-5 of Appendix 2), "All the sheets contained
in the international application shall be numbered in consecutive Arabic numerals." That
is, the sheets of the request, description, claims, drawings, and abstract will be so
numbered. PCT Rule 11.7 further says the sheet numbers can be at either the top or the
bottom of the sheet. PCT Rule 11.7 conflicts with 37 CFR 1.84(t)'s separate numbering
system for drawing sheets and with 37 CFR 1.84(t)’s “middle of the top” location for
sheet numbers. However, under MPEP 1893.03(f) (see Page A-1-1 of Appendix 1),
drawings in a national stage case will be accepted by the Office even if the U.S.-style
"1/3, 2/3, 3/3" numbering system for drawing sheets is not used and even if the drawing-
sheet numbers appear at the bottoms of the sheets.
_____________________________________________________________

37 CFR 1.84(u)
(u) Numbering of views.
(1) The different views must be numbered in consecutive Arabic

numerals, starting with 1, independent of the numbering of the sheets and, if
possible, in the order in which they appear on the drawing sheet(s). Partial
views intended to form one complete view, on one or several sheets, must be
identified by the same number followed by a capital letter. View numbers
must be preceded by the abbreviation "FIG." Where only a single view is
used in an application to illustrate the claimed invention, it must not be
numbered and the abbreviation "FIG." must not appear.
(2) Figure numbers and letters identifying the views must be simple
and clear and must not be used in association with brackets, circles, or
inverted commas. The view numbers must be larger than the numbers used
for reference characters.
37 CFR 1.84(v)
(v) Security markings. Authorized security markings may be placed

on the drawings provided they are outside the sight, preferably centered in
the top margin.
_____________________________________________________________
COMMENTS
Security markings are primarily the responsibility of the Office; however, the applicant
might identify the drawings with the security designations such as NATO, TS, S, or C.
_____________________________________________________________

37 CFR 1.84(w)
(w) Corrections. Any corrections on drawings submitted to the

Office must be durable and permanent.
_____________________________________________________________
COMMENTS
Special products for corrections, such as white masking fluid, may be used provided they
are indelible and comply with all other requirements.
_____________________________________________________________
37 CFR 1.84(x)
(x) Holes. No holes should be made by applicant in the drawing

sheets.
37 CFR 1.84(y)
(y) Types of drawings. See § 1.152 for design drawings, § 1.165 for
plant drawings, and § 1.174 for reissue drawings.

37 CFR 1.85 Corrections to drawings.
(a) A utility or plant application will not be placed on the files for
examination until objections to the drawings have been corrected. Except as
provided in § 1.215(c), any patent application publication will not include
drawings filed after the application has been placed on the files for
examination. Unless applicant is otherwise notified in an Office action,
objections to the drawings in a utility or plant application will not be held in
abeyance, and a request to hold objections to the drawings in abeyance will
not be considered a bona fide attempt to advance the application to final
action (§ 1.135(c)). If a drawing in a design application meets the
requirements of § 1.84(e), (f), and (g) and is suitable for reproduction, but is
not otherwise in compliance with § 1.84, the drawing may be admitted for
examination.
(b) The Office will not release drawings for purposes of correction.
If corrections are necessary, new corrected drawings must be submitted
within the time set by the Office.
(c) If a corrected drawing is required or if a drawing does not comply

with § 1.84 at the time an application is allowed, the Office may notify the
applicant and set a three month period of time from the mail date of the
notice of allowability within which the applicant must file a corrected or
formal drawing in compliance with § 1.84 to avoid abandonment. This time
period is not extendable under § 1.136(a) or § 1.136(b).

37 CFR 1.85 [COMMENTS]
_____________________________________________________________
COMMENTS
1.85(a)  A utility application or a plant application will not be examined until its
drawings are “publication ready” with respect to eighteen-month (pre-grant) publication.
See MPEP 507. Objections to drawings will not be held in abeyance. Applicants must
submit drawing corrections in reply to an Office drawing requirement to avoid
abandonment of the application.
1.85(c)  When the Notice of Allowability sets a requirement for formal or corrected
drawings, the applicant must submit the drawings within three months of the mail date of
the Notice of Allowability. The applicant cannot extend this reply period. If the
drawings are not received within the reply period, the application will be regarded as
abandoned. Drawings that are voluntarily submitted by the applicant after allowance and
payment of the issue fee may or may not be printed, dependent on the expediency with
which these drawings can be processed, provided an amendment to the brief or detailed
description of the drawings to correspond to the new figure(s), if required, is also filed.
See Pages 5 and 6.

from

MODELS, EXHIBITS, SPECIMENS
from 37 CFR 1.96 Submission of computer program listings.
(a) General. Descriptions of the operation and general content of

computer program listings should appear in the description portion of the
specification. A computer program listing for the purpose of this section is
defined as a printout that lists in appropriate sequence the instructions,
routines, and other contents of a program for a computer. The program
listing may be either in machine or machine-independent (object or source)
language which will cause a computer to perform a desired procedure or task
such as solve a problem, regulate the flow of work in a computer, or control
or monitor events. Computer program listings may be submitted in patent
applications as set forth in paragraphs (b) and (c) of this section.
(b) Material, which will be printed in the patent. If the computer

program listing is contained in 300 lines or fewer, with each line of 72
characters or fewer, it may be submitted either as drawings or as part of the
specification.
(1) Drawings. If the listing is submitted as drawings, it must be

submitted in the manner and complying with the requirements for drawings
as provided in § 1.84. At least one figure numeral is required on each sheet
of drawing.

from 37 CFR 1.96 [continued]
(2) Specification.
(i) . . .
(ii) Any listing having more than 60 lines of code that is submitted as
part of the specification must be positioned at the end of the description but
before the claims. Any amendment must be made by way of submission of a
substitute sheet.
(c) As an appendix which will not be printed: Any computer program

listing may, and any computer program listing having over 300 lines (up to
72 characters per line) must, be submitted on a compact disc in compliance
with § 1.52(e) . . .

from

AMENDMENTS
from 37 CFR 1.121 Manner of making amendments in application.
(a) Amendments in applications, other than reissue applications.

. . .
(d) Drawings. Application drawings are amended in the following

manner: Any change to the application drawings must be submitted on a
separate paper showing the proposed changes in red for approval by the
examiner. Upon approval by the examiner, new drawings in compliance
with § 1.84 including the changes must be filed.
(e) Disclosure consistency. The disclosure must be amended, when

required by the Office, to correct inaccuracies of description and definition,
and to secure substantial correspondence between the claims, the remainder
of the specification, and the drawings.
. . .

from

DESIGN PATENTS
37 CFR 1.151 Rules applicable.
The rules relating to applications for patents for other inventions or

discoveries are also applicable to applications for patents for designs except
as otherwise provided.
_____________________________________________________________
COMMENTS
This rule is included here to show that unless a design drawing requirement is specifically
mentioned in 37 CFR 1.152, the provisions of 37 CFR 1.84 are controlling for the content
and quality of drawings for design patent applications.
_____________________________________________________________

37 CFR 1.152 Design drawings.
The design must be represented by a drawing that complies with the

requirements of § 1.84 and must contain a sufficient number of views to
constitute a complete disclosure of the appearance of the design.
Appropriate and adequate surface shading should be used to show the
character or contour of the surfaces represented. Solid black surface shading
is not permitted except when used to represent the color black as well as
color contrast. Broken lines may be used to show visible environmental
structure, but may not be used to show hidden planes and surfaces that
cannot be seen through opaque materials. Alternate positions of a design
component, illustrated by full and broken lines in the same view are not
permitted in a design drawing. Photographs and ink drawings are not
permitted to be combined as formal drawings in one application.
Photographs submitted in lieu of ink drawings in design patent applications
must not disclose environmental structures but must be limited to the design
claimed for the article.

from
PLANT PATENTS
37 CFR 1.161 Rules applicable.
The rules relating to applications for patent for other inventions or

discoveries are also applicable to applications for patents for plants except as
otherwise provided.
_____________________________________________________________
COMMENTS
This rule is included here to show that unless a plant drawing requirement is specifically
mentioned in 37 CFR 1.165, the provisions of 37 CFR 1.84 are controlling for the content
and quality of drawings for plant patent applications.
_____________________________________________________________

37 CFR 1.165 Plant drawings.
(a) Plant patent drawings should be artistically and competently

executed and must comply with the requirements of § 1.84. View numbers
and reference characters need not be employed unless required by the
examiner. The drawing must disclose all the distinctive characteristics of
the plant capable of visual representation.
(b) The drawings may be in color. The drawing must be in color if
color is a distinguishing characteristic of the new variety. Two copies of
color drawings or photographs and a black and white photocopy that
accurately depicts, to the extent possible, the subject matter shown in the
color drawing or photograph must be submitted.
_____________________________________________________________
COMMENTS
See the notice titled Interim Waiver of Parts of 37 CFR 1.84 and 1.165, and Delay in
the Enforcement of the Change in 37 CFR 1.84(e) to No Longer Permit Mounting of
Photographs, as published in the Official Gazette on May 22, 2001 (1246 OG 106).
 WAIVER: The Office has waived the requirement set forth in 37 CFR 1.84(a)(2)(iii)
and 1.165(b) for a black and white photocopy of a color drawing or color photograph.
The black and white photocopy of the color drawing or color photograph is not
required. See COMMENTS under 37 CFR 1.84(a)(2)(iii) on Page 13.
 PARTIAL WAIVER: While the Office continues to require that line drawings be
submitted on non-shiny paper per 37 CFR 1.84(e), the Office will not object if
photographs are submitted on shiny or glossy paper. To quote the above-identified
notice: “By requiring drawings (including photographs) for plant patent applications
to comply with 37 CFR 1.84, 37 CFR 1.165 suggests that plant patent photographs
must not be shiny. Color photographs, however, generally have better color quality
when produced with a shiny or gloss finish rather than a matte finish. As a result, the
Office will not object to a standard photographic appearance, including a glossy or
shiny finish.” See COMMENTS under 37 CFR 1.84(e) on Page 18.
 ENFORCEMENT DELAYED BUT NOW IN EFFECT: As of October 1, 2001,

the Office will object to mounted photographs. 37 CFR 1.84(e), effective November
29, 2000, precludes the mounting of photographs. However, some applicants
continued to file mounted photographs after November 29, 2000. Because the
Office did not want to require “applicants to obtain costly unmounted replacements”
and because the Office wanted “to allow applicants more time to explore alternative
options (e.g., use of digital cameras or development options resulting in a digital
image),” the Office delayed enforcement of the rule until October 1, 2001.

37 CFR 1.165 [continuation of COMMENTS]
The terms "drawing" and "photograph" are used interchangeably herein as they are both
acceptable means of illustration under 37 CFR 1.165 for plant patent applications filed
under 35 U.S.C. 161.
Color drawings may be made either in permanent water color or oil, or in lieu thereof
may be photographs made by color photography or properly colored on sensitized paper.
Plant patent drawings must show the most distinguishing characteristics of the plant.
Color drawings must reasonably closely correspond to the color values set forth in the
specification and must accurately depict the true coloration of the plant parts so
illustrated.
Care should be taken to assure that the subject is well centered and clearly in focus.
Leaves, stems, flowers, whole and cut fruit (or nuts) may appropriately be shown in
various combinations in a single drawing. Distinguishing characteristics occurring at
different seasons should be illustrated, and may be depicted in different sheets or figures.
Flower and seed parts not particularly distinguishing may still be included (if convenient)
for the sake of completeness. Photographic drawings should not be retouched or
amended/altered by the addition of color, as such drawings cannot be faithfully
reproduced by the printer.
Drawings should avoid the inclusion of superfluous information or material(s) such as

tags or stickers (unwarranted and improper advertising) which add little if anything in the
way of further definition to the plant. However, scale definition means such as rulers,
etc., in intimate proximity to the plant are acceptable. Drawings should be of such scale
and clarity that necessary detail can still be discerned even with a fifty percent reduction
in scale as may happen upon printing of same should the application mature into a plant
patent.
Drawings should not be limited to a single plant part—i.e., the fruit, nut, flower, or leaf as
applicable, but should also depict the entire plant, even if the single plant part may be the
entirety of what is viewed by applicant as being novel. Where flowers, foliage, fruit, etc.
of the claimed plant are not depicted in sufficient scale in a whole plant drawing or view,
this view should be supplemented with a close-up view of specific parts. Typical of what
is sought and may be necessary on a case-by-case basis in this supplemental view
would be:
 Ornamental flowering plantViews at bud, early bloom, and late bloom stage
showing bloom shapes and character. Flower parts may be shown separated
from whole flowers—i.e., to depict color differences between top and bottom
surfaces of petals or leaves, differences in coloration of petals from basal to
terminal portions, and color and shape differences between petals from

37 CFR 1.165 [continuation of COMMENTS]
different locations of the flower and different ages. Foliage and stems (bark)
may also be so depicted. Where there is characteristic variation in leaf shape,
each characteristic shape should be depicted. For perennial deciduous plants,
the drawing should include a showing of the plant in a dormant state to illustrate
details of bark and branching.
 Fruit or nut bearing plantViews depicted at different attitudes, with fruit (or
nut) split in different directions to show details and coloration of seeds, stone,
stone well, core, flesh coloration, skin ground coloration, blush and pubescence
(as applicable). Bloom may also be shown along with foliage.
Fingerprint information may also be presented as a figure of the drawing and should
include identifying information. Such drawings should be given view numbers, as
appropriate. These illustrations may be mechanical in nature, or in the case of isozyme
banding, be presented as a black-and-white photograph, even if other drawing figures are
in color.
Where the pedigree of the plant is disclosed in the form of a detailed flow chart, this must
be made a drawing view and not appear in the specification, as per 37 CFR 1.58(a). The
printer will not print same in the body of the specification proper.
Where a claimed plant is a sport of a known variety, every effort should be made to
photograph the sported plant in a side-by-side relationship with the parental variety and
such parental variety should clearly be identified as "Prior Art." This applies to plant
parts, such as color sports of flowering plants (e.g., roses or chrysanthemums) or fruit
(e.g., apples or nectarines).
Duplicate formal drawings should be filed concurrently with the application papers.
Examination of drawings for content, detail, scale, and color fidelity is critical to the
effective examination of a 35 U.S.C. 161 plant patent application. Filing of informal or
single copies of said drawings will result in delay of prosecution of the application—for
example, applications otherwise in condition for allowance will not normally be
forwarded to the Publishing Division, Office of Patent Publication, prior to receipt and
evaluation of formal drawings. The drawing(s) may be in color and when color is a
distinguishing characteristic of the new variety, the drawings must be in color (37 CFR
1.165(b)).
The number of drawing views (and sheets) in plant patent applications should be limited
to the minimum number necessary to adequately depict the distinctive botanical
characteristics of the claimed patent which are capable of being visually represented (37
CFR 1.165(a)). The views may be given view numbers as appropriate, so long as any
view numbers set forth in the drawings find corresponding reference in the written
specification.
_____________________________________________________________

from
REISSUES
37 CFR 1.171 Application for reissue.
An application for reissue must contain the same parts required for an
application for an original patent, complying with all the rules relating
thereto except as otherwise provided, and in addition, must comply with the
requirements of the rules relating to reissue applications.

from 37 CFR 1.173 Reissue specification, drawings, and
amendments.
(a) Contents of a reissue application. An application for reissue must

contain the entire specification, including the claims, and the drawings of the
patent. No new matter shall be introduced into the application.
. . .
(2) Drawings. Applicant must submit a clean copy of each drawing

sheet of the printed patent at the time the reissue application is filed. If such
copy complies with § 1.84, no further drawings will be required. Where a
drawing of the reissue application is to include any changes relative to the
patent being reissued, the changes to the drawing must be made in
accordance with paragraph (b)(3) of this section. The Office will not
transfer the drawings from the patent file to the reissue application.
(b) Making amendments in a reissue application. . . .
(3) Drawings. Any change to the patent drawings must be submitted

as a sketch on a separate paper showing the proposed changes in red for
approval by the examiner. Upon approval by the examiner, new drawings in
compliance with § 1.84 including the approved changes must be filed.
Amended figures must be identified as “Amended,” and any added figure
must be identified as “New.” In the event that a figure is canceled, the
figure must be surrounded by brackets and identified as “Canceled.”
. . .
(f) Amendment of disclosure may be required. The disclosure must be

amended, when required by the Office, to correct inaccuracies of description
and definition, and to secure substantial correspondence between the claims,
the remainder of the specification, and the drawings.
(g) Amendments made relative to the patent. All amendments must be

made relative to the patent specification, including the claims, and drawings,
which are in effect as of the date of filing of the reissue application.

from

PUBLICATION OF APPLICATIONS
37 CFR 1.211 Publication of applications.
. . .
(c) . . . The Office may delay publishing any application until it

includes a specification having papers in compliance with § 1.52 and an
abstract (§ 1.72(b)), drawings in compliance with § 1.84, and a sequence
listing in compliance with §§ 1.821 through 1.825 (if applicable), and until
any petition under § 1.47 is granted.

37 CFR 1.215 Patent application publication.
(a) . . . The patent application publication will be based upon the

application papers deposited on the filing date of the application, as well as
the executed oath or declaration submitted to complete the application, or
any application papers or drawings submitted in reply to a preexamination
notice requiring a title and abstract in compliance with § 1.72, application
papers in compliance with § 1.52, drawings in compliance with § 1.84, or a
sequence listing in compliance with §§ 1.821 through 1.825, except as
otherwise provided in this section. The patent application publication will
not include any amendments, including preliminary amendments, unless
applicant supplies a copy of the application containing the amendment
pursuant to paragraph (c) of this section.
. . .
(c) At applicant’s option, the patent application publication will be
based upon the copy of the application (specification, drawings, and oath or
declaration) as amended during examination, provided that the applicant
supplies such a copy in compliance with the Office electronic filing system
requirements within one month of the actual filing date of the application or
fourteen months of the earliest filing date for which a benefit is sought under
title 35, United States Code, whichever is later.
(d) If the copy of the application submitted pursuant to paragraph (c)

of this section does not comply with the Office electronic filing system
requirements, the Office will publish the application as provided in
paragraph (a) of this section. If, however, the Office has not started the
publication process, the Office may use an untimely filed copy of the
application supplied by the applicant under paragraph (c) of this section in
creating the patent application publication.
_____________________________________________________________
COMMENTS
See Page 3.
_____________________________________________________________________

from

Subpart C—International Processing Provisions
THE INTERNATIONAL APPLICATION
37 CFR 1.437 The drawings.

(a) Subject to paragraph (b) of this section, when drawings are
necessary for the understanding of the invention, or are mentioned in the
description, they must be part of an international application as originally
filed in the United States Receiving Office in order to maintain the
international filing date during the national stage (PCT Art. 7).
(b) Drawings missing from the application upon filing will be
accepted if such drawings are received within 30 days of the date of first
receipt of the incomplete papers. If the missing drawings are received
within the 30-day period, the international filing date shall be the date on
which such drawings are received. If such drawings are not timely received,
all references to drawings in the international application shall be considered
non-existent (PCT Art. 14(2), Administrative Instruction 310).
(c) The physical requirements for drawings are set forth in PCT Rule
11 and shall be adhered to.
_____________________________________________________________
COMMENTS
See Appendix 2.
______________________________________________________________________________________________

from

PART 1—RULES OF PRACTICE IN

PATENT CASES
Subpart D—Reexamination of Patents
REEXAMINATION
from 37 CFR 1.530 Statement by patent owner in ex parte

reexamination; amendment by patent owner in
ex parte or inter partes reexamination;
inventorship change in ex parte or inter partes
reexamination.
. . .
(d) Making amendments in a reexamination proceeding. A proposed
amendment in an ex parte or an inter partes reexamination proceeding is
made by filing a paper directing that proposed specified changes be made to
the patent specification, including the claims, or to the drawings. . . .
. . .
(3) Drawings. Any change to the patent drawings must be submitted
as a sketch on a separate paper showing the proposed changes in red for
approval by the examiner. Upon approval of the changes by the examiner,
only new sheets of drawings including the changes and in compliance with §
1.84 must be filed. Amended figures must be identified as “Amended,” and
any added figure must be identified as “New.” In the event a figure is
canceled, the figure must be surrounded by brackets and identified as
“Canceled.”

from 37 CFR 1.530 [continued]
. . .
(h) Amendment of disclosure may be required. The disclosure must
be amended, when required by the Office, to correct inaccuracies of
description and definition, and to secure substantial correspondence between
the claims, the remainder of the specification, and the drawings.
(i) Amendments made relative to patent. All amendments must be
made relative to the patent specification, including the claims, and drawings,
which are in effect as of the date of filing the request for reexamination.
. . .


Appendix 1
§ 1893.03(f) of Manual of
Patent Examining Procedure
___________________________________________
1893.03(f) Drawings and PCT Rule 11
The drawings for the national stage application must comply with
PCT Rule 11. The copy of the drawings provided by the International
Bureau has already been checked and should be in compliance with PCT
Rule 11. Accordingly, the drawing provided by the International Bureau
should be acceptable. Sometimes, applicant submits a drawing for use in the
national stage application and a check will be made by the Official
Draftsman. The Official Draftsman may not impose requirements beyond
those imposed by the Patent Cooperation Treaty (e.g., PCT Rule 11). The
examiner does indeed have the authority to require new or more acceptable
drawings if the drawings were published without meeting all requirements
under the PCT for drawings. Unless the applicant requests the use of
drawings which he or she has submitted, the drawings to be employed in the
national stage are those which are a part of the Article 20 communication.


Appendix 2
Article 7 of Patent Cooperation Treaty

and Selected PCT Rules
Pertaining to Drawings
__________________________________________
Article 7
The Drawings
(1) Subject to the provisions of paragraph (2)(ii), drawings shall be
required when they are necessary for the understanding of the invention.
(2) Where, without being necessary for the understanding of the
invention, the nature of the invention admits of illustration by drawings:
(i) the applicant may include such drawings in the international
application when filed.
(ii) any designated Office may require that the applicant file such
drawings with it within the prescribed time limit.
from Rule 3
The Request (Form)
3.3 Check List

(a) The request shall contain a list indicating:
. . .
(iii) the number of that figure of the drawings which the applicant
suggests should accompany the abstract when the abstract is published; in
exceptional cases, the applicant may suggest more than one figure.
. . .
www.patentsink.com/ 410.484.5844 / [email protected] A2-1

Rule 7
The Drawings
7.1 Flow Sheets and Diagrams
Flowsheets and diagrams are considered drawings.
7.2 Time Limit
The time limit referred to in Article 7(2)(ii) shall be reasonable under
the circumstances of the case and shall, in no case, be shorter than two
months from the date of the written invitation requiring the filing of
drawings or additional drawings under the said provision.
from Rule 8
The Abstract
8.2 Figure
(a) If the applicant fails to make the indication referred to in Rule
3.3(a)(iii), or if the International Searching Authority finds that a figure or
figures other than that figure or those figures suggested by the applicant
would, among all the figures of all the drawings, better characterize the
invention, it shall, subject to paragraph (b), indicate the figure or figures
which should accompany the abstract when the latter is published by the
International Bureau. In such case, the abstract shall be accompanied by the
figure or figures so indicated by the International Searching Authority.
Otherwise, the abstract shall, subject to paragraph (b), be accompanied by
the figure or figures suggested by the applicant.
(b) If the International Searching Authority finds that none of the
figures of the drawings is useful for the understanding of the abstract, it shall
notify the International Bureau accordingly. In such case, the abstract, when
published by the International Bureau, shall not be accompanied by any
figure of the drawings even where the applicant has made a suggestion under
Rule 3.3(a)(iii).

from Rule 9
Expressions, Etc., Not To Be Used
9.1 Definition
The international application shall not contain:
(i) expressions or drawings contrary to morality;
(ii) expressions or drawings contrary to public order;
. . .
from Rule 11
Physical Requirements of the International
Application
11.2 Fitness for Reproduction

(a) All elements of the international application (i.e., the request, the
description, the claims, the drawings, and the abstract) shall be so presented
as to admit of direct reproduction by photography, electrostatic processes,
photo offset, and microfilming, in any number of copies.
(b) All sheets shall be free from creases and cracks; they shall not be
folded.
(c) Only one side of each sheet shall be used.
(d) Subject to . . . Rule 11.13(j), each sheet shall be used in an
upright position (i.e., the short sides at the top and bottom).
11.3 Material to Be Used

All elements of the international application shall be on paper, which
shall be flexible, strong, white, smooth, non-shiny and durable.

from PCT Rule 11 [continued]
11.4 Separate Sheets, Etc.

(a) Each element (request, description, claims, drawings, abstract) of
the international application shall commence on a new sheet.
(b) All sheets of the international application shall be so connected
that they can be easily turned when consulted, and easily separated and
joined again if they have been separated for reproduction purposes.
11.5 Size of Sheets
The size of the sheets shall be A4 (29.7 cm  21 cm). However, any

receiving Office may accept international applications on sheets of other
sizes provided that the record copy, as transmitted to the International
Bureau, and, if the competent International Searching Authority so desires,
the search copy, shall be of A4 size.
11.6 Margins
. . .
(c) On sheets containing drawings, the surface usable shall not
exceed 26.2 cm  17.0 cm. The sheets shall not contain frames around the
usable or used surface. The minimum margins shall be as follows:
– top: 2.5 cm
– left side: 2.5 cm
– right side: 1.5 cm
– bottom: 1.0 cm
(d) The margins referred to in paragraphs (a) to (c) apply to A4-size
sheets, so that, even if the receiving Office accepts other sizes, the A4-size
record copy and, when so required, the A4-size search copy shall leave the
aforesaid margins.
(e) Subject to paragraph (f) . . . , the margins of the international
application, when submitted, must be completely blank.

(f) The top margin may contain in the left-hand corner an indication
of the applicant's file reference, provided that the reference appears within
1.5 cm from the top of the sheet. The number of characters in the applicant's
file reference shall not exceed the maximum fixed by the Administrative
Instructions.
11.7 Numbering of Sheets

(a) All the sheets contained in the international application shall be
numbered in consecutive Arabic numerals.
(b) The numbers shall be centered at the top or bottom of the sheet,
but shall not be placed in the margin.
. . .
11.10 Drawings, Formulae, and Tables, in Text Matter

(a) The request, the description, the claims and the abstract shall not
contain drawings.
. . .
11.11 Words in Drawings

(a) The drawings shall not contain text matter, except a single word
or words, when absolutely indispensable, such as "water," "steam," "open,"
"closed," "section on AB," and, in the case of electric circuits and block
schematic or flow sheet diagrams, a few short catchwords indispensable for
understanding.
(b) Any words used shall be so placed that, if translated, they may be
pasted over without interfering with any lines of the drawings.

11.12 Alterations, Etc.

Each sheet shall be reasonably free from erasures and shall be free
from alterations, overwritings, and interlineations. Non-compliance with
this Rule may be authorized if the authenticity of the content is not in
question and the requirements for good reproduction are not in jeopardy.
11.13 Special Requirements for Drawings

(a) Drawings shall be executed in durable, black, sufficiently dense
and dark, uniformly thick and well-defined, lines and strokes without
colorings.
(b) Cross-sections shall be indicated by oblique hatching which
should not impede the clear reading of the reference signs and leading lines.
(c) The scale of the drawings and the distinctness of their graphical
execution shall be such that a photographic reproduction with a linear
reduction in size to two-thirds would enable all details to be distinguished
without difficulty.
(d) When, in exceptional cases, the scale is given on a drawing, it
shall be represented graphically.
(e) All numbers, letters and reference lines, appearing on the
drawings, shall be simple and clear. Brackets, circles or inverted commas
shall not be used in association with numbers and letters.
(f) All lines in the drawings shall, ordinarily, be drawn with the aid
of drafting instruments.
(g) Each element of each figure shall be in proper proportion to each
of the other elements in the figure, except where the use of a different
proportion is indispensable for the clarity of the figure.

(h) The height of the numbers and letters shall not be less than 0.32
cm. For the lettering of drawings, the Latin and, where customary, the
Greek alphabets shall be used.
(i) The same sheet of drawings may contain several figures. Where
figures on two or more sheets form in effect a single complete figure, the
figures on the several sheets shall be so arranged that the complete figure
can be assembled without concealing any part of any of the figures
appearing on the various sheets.
(j) The different figures shall be arranged on a sheet or sheets

without wasting space, preferably in an upright position, clearly separated
from one another. Where the figures are not arranged in an upright position,
they shall be presented sideways with the top of the figures at the left side of
the sheet.
(k) The different figures shall be numbered in Arabic numerals

consecutively and independently of the numbering of the sheets.
(l) Reference signs not mentioned in the description shall not appear
in the drawings, and vice versa.
(m) The same features, when denoted by reference signs, shall,

throughout the international application, be denoted by the same signs.
(n) If the drawings contain a large number of reference signs, it is

strongly recommended to attach a separate sheet listing all reference signs
and the features denoted by them.
. . .


Appendix 3
Symbols
______________________________________
Graphical drawing symbols, as indicated in 37 CFR 1.84(n), may be used for the
conventional elements when appropriate. The elements for which such symbols and
labeled representations are used must be adequately identified in the specification.
Known devices should be illustrated by symbols which have a universally recognized

conventional meaning and are generally accepted in the art, provided no further detail is
essential for understanding the subject matter of the claimed invention. Other symbols
may be used on condition that they are not likely to be confused with existing
conventional symbols, and that they are readily identifiable.
In general, in lieu of a symbol, a conventional element, combination, or circuit may be

shown by an appropriately labeled rectangle, square, or circle; abbreviations should not
be used unless their meanings are evident and not confusing with the abbreviations used
in the suggested symbols. In electrical symbols, an arrow through an element indicates
variability thereof; dotted-line connection of arrows indicates ganging thereof; and
inherent property (as resistance) may be indicated by showing symbol (for resistor) in
dotted lines.
The American National Standards Institute (ANSI) is a private non-profit organization

whose numerous publications include some that pertain to graphical symbols. Such
publicationsfor example, Graphic Symbols for Fluid Power Diagrams, IEEE
Standard Graphic Symbols for Logic Functions, Graphic Symbols for Electrical and
Electronics Diagramsare considered to be generally acceptable in patent drawings.
ANSI headquarters are at 1819 L Street, NW, Suite 600, Washington, DC 20036, with
offices at 25 West 43rd Street, New York, NY 10036. The organization’s Internet address
is www.ansi.org.
Although ANSI documents and other published sources may be used as guides during the
selection of graphic symbols for patent drawings, the following should be kept in mind:
 The Office will not “approve” any published collection of symbols as a group,
because the use and clarity of symbols must be decided on a case-by-case basis.
 Overly specific symbols should be avoided.
 Symbols with unclear meanings should be labeled for clarification.
 It is always necessary for the specification to include a complete description of

the subject matter disclosed.
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When the material is an important feature of the invention, the symbols shown on Pages
A-3-3 through A-3-5 should be used.


Appendix 4
Drawing Examples
___________________________________________
Each drawing example in this appendix is intended to focus on one paragraph of 37 CFR
1.84, although each also illustrates other paragraphs of 37 CFR 1.84. The relevant
paragraphs are identified on the page facing each example.
It should be kept in mind that an appendix page within which a drawing example appears
is not the same as a drawing sheet, so these examples may in some instances depart from
a strict conformance to certain paragraphs of 37 CFR 1.84, such as the margin
requirements of 37 CFR 1.84(g) and the character-height requirements of 37 CFR
1.84(p)(3).
Sometimes drawings are submitted that include a trademark. Although the use of
trademarks is permissible in patent applications, the proprietary nature of the trademarks
should be respected and every effort made to prevent their use in any manner, which
might adversely affect their validity as trademarks.


37 CFR 1.84
Example 1 37 CFR 1.84(a)(1) Black ink. A-4-4
Example 2 37 CFR 1.84(a)(1) Black ink. [computer screen image] A-4-6
Example 3 37 CFR 1.84(c) Identification of drawings. A-4-8
Example 4 37 CFR 1.84(d) Graphic forms in drawings. [chemical formulae] A-4-10
Example 5 37 CFR 1.84(d) Graphic forms in drawings. [waveforms] A-4-12
Example 6 37 CFR 1.84(d) Graphic forms in drawings. [DNA structures] A-4-14
Example 7 37 CFR 1.84(h) Views. A-4-16
Example 8 37 CFR 1.84(h)(1) Exploded views. A-4-18
Example 9 37 CFR 1.84(h)(2) Partial views. A-4-20
Example 10 37 CFR 1.84(h)(3) Sectional views. A-4-22
Example 11 37 CFR 1.84(h)(4) Alternate position. A-4-24
Example 12 37 CFR 1.84(h)(5) Modified forms. A-4-26
Example 13 37 CFR 1.84(i) Arrangement of views. A-4-28
Example 14 37 CFR 1.84(j) Front page view. A-4-30
Example 15 37 CFR 1.84(l) Character of lines, numbers, and letters. A-4-32
Example 16 37 CFR 1.84(m) Shading. [spaced lines] A-4-34
Example 17 37 CFR 1.84(m) Shading. [stippling] A-4-36
Example 18 37 CFR 1.84(n) Symbols. A-4-38
Example 19 37 CFR 1.84(o) Legends. A-4-40
Example 20 37 CFR 1.84(p) Numbers, letters, and reference characters. A-4-42
Example 21 37 CFR 1.84(q) Lead lines. A-4-44
Example 22 37 CFR 1.84(r) Arrows. A-4-46
Example 23 37 CFR 1.84(s) Copyright or Mask Work Notice. A-4-48
Example 24 37 CFR 1.84(t) Numbering of sheets of drawings. A-4-50
Example 25 37 CFR 1.84(u) Numbering of views. A-4-52
NOTE: Because of printing limitations, this guide cannot provide examples of

photographic drawings that would be acceptable under 37 CFR 1.84(b).

Example 1
Example 1 is an illustration of a black ink drawing which secures black solid

lines in accordance with the requirements of
37 CFR 1.84(a)(1) Black ink.
Additionally, Example 1 illustrates the requirements of
Paragraph (h)(3) Sectional views. [hatching]

Paragraph (i) Arrangement of views.
Paragraph (l) Character of lines, numbers, and letters.
Paragraph (m) Shading.
Paragraph (p) Numbers, letters, and reference characters.
Paragraph (q) Lead lines.
Paragraph (r) Arrows.
Paragraph (u) Numbering of views.

Example 2
Example 2 is an illustration which consists of a computer screen image,

which is acceptable under the requirements of
37 CFR 1.84(a)(1) Black ink.
A computer screen image, inasmuch as it must show the contents of the

screen, is not subject to the “as few words as possible” requirement of
Paragraph (o) Legends.


Example 2
37 CFR 1.84 (a)(1) Black ink. [computer screen image]

Example 3
Example 3 is an illustration of the proper placement of identifying

information (title of invention, inventor’s name, application number) on the
front of the drawing sheet. This meets the recommendation of
37 CFR 1.84(c) Identification of drawings.
Paragraph (a)(1) Black ink.

Paragraph (g) Margins.
Paragraph (h)(1) Exploded views.

Example 4
Example 4 is an illustration of chemical formulae, which may be submitted

as drawings. Note that the use of superscript and subscript numerals results
in a diminished height where all other numerals meet the requirement of a
height of 3.2 mm ( inch). This condition is an acceptable exception to the
drawing requirements. Otherwise, this illustration meets the requirements of
37 CFR 1.84(d) Graphic forms in drawings.

Paragraph (h) Views.
Paragraph (n) Symbols.

Example 5
Example 5 is an illustration of waveforms. The drawing meets the

requirements of


Example 6
Example 6 is an illustration of a graphical form, which has been used to

indicate DNA structure. The illustration is a representation of an
approximation of a section along a DNA molecule. Since a determination
cannot be made as to exactly what the structure would look like, the Office
allows this approximation to show the believed structure represented. The
drawing meets the requirements of

Paragraph (p)(1) Numbers, letters, and reference characters.
Paragraph (r)(1) Arrows.
Example 6 is, however, an exception to Paragraph (h)(3), [Sectional views.],

in that hatching schemes are used to differentiate the regions of ribonucleic
acid (RNA) / deoxyribonucleic acid (DNA). Such schemes are not to be
confused with conventional hatching schemes that are used to indicate
"proper material(s)."

Example 7
Example 7 is an illustration of a design invention, which is presented, in

separate views.
37 CFR 1.84(h) Views.


Example 8
Example 8 is an illustration of an exploded view. Although brackets are not

required, the example illustrates the proper use of a bracket to delineate the
exploded view. The drawing meets the requirements of
37 CFR 1.84(h)(1) Exploded views.

Paragraph (p)(1) Numbers, letters, and reference characters.

Example 9
Example 9 is an illustration of partial views. FIG. 8 is "a portion of a view

... enlarged for magnification purposes." Note that each figure is labeled
separately. The drawing meets the requirements of
37 CFR 1.84(h)(2) Partial views.


Example 10
Example 10 is an illustration of a sectional view. Figure 2 is a section of the

object depicted in Figure 1. Note that the plane upon which Figure 2 is
taken is indicated in Figure 1 by the broken lines 2   2, and that arrows
are used in Figure 1 as indications of the direction of sight. The drawing
meets the requirements of
37 CFR 1.84(h)(3) Sectional views.

Paragraph (h) Views.
Much of Paragraph (h)(3) pertains to the technique of hatching. However,

most of the spaced lines in Example 10 are examples of the technique of
shading, as described in Paragraph (m). For examples of hatching as
described in Paragraph (h)(3), see Examples 1, 9, 11, 12, 14, 15, 20, 21, and
25.

Example 11
Example 11 is an illustration of a drawing which contains an alternate

position. Note that the cover is shown by broken lines in a raised position.
The drawing meets the requirements of
37 CFR 1.84(h)(4) Alternate position.


Example 12
Example 12 is an illustration of a drawing, which contains modified forms.

Note that FIG. 1 shows fastening means 52 and 53, and FIG. 2 shows
fastening means 62 and 63. The drawing meets the requirements of
37 CFR 1.84(h)(5) Modified forms.


Example 13
Example 13 illustrates how views should stand on a sheet so that "Words ...
appear in a horizontal, left-to-right fashion when the page is either upright or
turned so that the top becomes the right side." This example illustrates
37 CFR 1.84(i) Arrangement of views.


Example 14
Example 14 is an illustration of a view that includes the overall organization

of the device to provide a view for suitable for publication on the front page
of the patent application publication and the front page of the patent. The
37 CFR 1.84(j) Front page view.


Example 15
Example 15 is an illustration of the character of lines and numbers in a

drawing. The example illustrates a continuous thick line for edging and
outlining views and cross-sections. The drawing meets the requirements of
37 CFR 1.84(l) Character of lines, numbers,

and letters.


Example 16
Example 16 illustrates the use of spaced lines as acceptable shading for

opaque surfaces. This drawing meets the requirements of
37 CFR 1.84(m) Shading.


Example 17
Example 17 illustrates the use of stippling as acceptable shading for opaque

surfaces. The drawing meets the requirements of
37 CFR 1.84(m) Shading.


Example 18
Example 18 illustrates the use of acceptable symbols—in this instance, the

use of common electrical symbols. The drawing meets the requirements of
37 CFR 1.84(n) Symbols.


Example 19
Example 19 illustrates the use of acceptable descriptive legends. The

37 CFR 1.84(o) Legends.

See Example 2. Computer screen images are not subject to the “as few
words as possible” requirement of Paragraph (o).

Example 20
Example 20 meets the requirements of
37 CFR 1.84(p) Numbers, letters, and

reference characters.


Example 21
Example 21 illustrates the use of lead lines to match reference characters to

the structure of the invention. The drawing meets the requirements of
37 CFR 1.84(q) Lead lines.


Example 22
Example 22 illustrates the use of arrows. Note that some arrows (20, 21)
indicate a structural area while other arrows (4', 21') indicate a direction of
motion or rotation. The drawing meets the requirements of
37 CFR 1.84(r) Arrows.


Example 23
Example 23 illustrates the presence of a copyright notice on a drawing. The

37 CFR 1.84(s) Copyright or Mask Work Notice.
Paragraph (a)(1) lack ink.

Paragraph (l) Character of lines, number, and letters.

Example 24
Example 24 illustrates correct numbering of a drawing sheet. The drawing

meets the requirements of
37 CFR 1.84(t) Numbering of sheets of drawings.

Paragraph (h)(1) Exploded views.

Example 25
Example 25 illustrates the correct numbering of views. The drawing meets

the requirements of
37 CFR 1.84(u) Numbering of views.



Appendix 5
Form PTO-948 (Rev. 04/02)

___________________________________________
Form PTO-948, Notice of Draftsperson's Patent Drawing Review, is used by the Office to
indicate its disapproval of submitted drawings.
When drawings are objected to by the Office draftsperson under 37 CFR 1.84 or 1.152,
the draftsperson uses the boxed section of Form PTO-948 to identify the informalities
(deficiencies). The boxed section of the form reflects the sequence of the paragraphs of
37 CFR 1.84 and has been designed so that the Office draftsperson can indicate each
possible drafting error.
The completed Form PTO-948 is held for mailing with the next Office action.
See Pages 3 and 4 of this guide.


INFORMATION ON HOW TO EFFECT DRAWING
CHANGES
1. Correction of Informalities -- 37 CFR 1.85
New corrected drawings must be filed with the changes incorporated therein.
Identifying indicia, if provided, should include the title of the invention,
inventor’s name, and application number, or docket number (if any) if an
application number has not been assigned to the application. If this information is
provided, it must be placed on the front of each sheet and centered within the top
margin. If corrected drawings are required in a Notice of Allowability (PTOL-
37), the new drawings MUST be filed within the THREE MONTH shortened
statutory period set for reply in the Notice of Allowability. Extensions of time
may NOT be obtained under the provisions of 37 CFR 1.136(a) or (b) for filing
the corrected drawings after the mailing of a Notice of Allowability. The
drawings should be filed as a separate paper with a transmittal letter addressed to
the Official Draftsperson.
2. Corrections other than Informalities Noted by Draftsperson on form PTO-

948.
All changes to the drawings, other than informalities noted by the Draftsperson,
MUST be made in the same manner as above except that, normally, a highlighted
(preferably red ink) sketch of the changes to be incorporated into the new
drawings MUST be approved by the examiner before the application will be
allowed. No changes will be permitted to be made, other than correction of
informalities, unless the examiner has approved the proposed changes.
Timing of Corrections
Applicant is required to submit the drawing corrections within the time period set
in the attached Office communication. See 37 CFR 1.85(a).
Failure to take corrective action within the set period will result in
ABANDONMENT of the application.

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Guide for Preparation of

www.patentsink.com/ 410.484.5844 / [email protected] i

SELECTED U.S. LAWS AND RULES OF PRACTICE RELATING

35 U.S.C. 113 Drawings. 7

www.patentsink.com/ 410.484.5844 / [email protected] ii

37 CFR 1.85 Corrections to drawings. 38

Example 1 37 CFR 1.84(a)(1) Black ink. A-4-4

www.patentsink.com/ 410.484.5844 / [email protected] iii

Appendix 5 Form PTO-948 (Rev. 04/02) A-5-1

www.patentsink.com/ 410.484.5844 / [email protected] iv

www.patentsink.com/ 410.484.5844 / [email protected] v

The section titled SELECTED U.S. RULES OF PRACTICE RELATING TO PATENT

Conventional symbols are discussed and shown in Appendix 3.

Appendix 5 shows Form PTO-948 (NOTICE OF DRAFTSPERSON'S PATENT

www.patentsink.com/ 410.484.5844 / [email protected] 1

www.patentsink.com/ 410.484.5844 / [email protected] 2

 Review of Drawings by Office of Initial Patent Examination

 Review by Office Draftsperson

 On Examiner’s First (Non-Allowance) Action

If a NOTICE OF DRAFTSPERSON’S PATENT DRAWING REVIEW is present in the

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Whether the Office’s objections to the drawings are indicated on a NOTICE OF

 On Examiner’s Subsequent Actions

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Specification’s brief description of the drawings: If drawings have been added or

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35 U.S.C. 113 Drawings.

The applicant shall furnish a drawing where necessary for the

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CHAPTER I—PATENT AND TRADEMARK OFFICE,

PART 1—RULES OF PRACTICE IN PATENT CASES

Subpart B—National Processing Provisions

37 CFR 1.58 Chemical and mathematical formulae and tables.

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CHAPTER I—PATENT AND TRADEMARK OFFICE,

PART 1—RULES OF PRACTICE IN PATENT CASES

Subpart B—National Processing Provisions

37 CFR 1.74 Reference to drawings.

When there are drawings, there shall be a brief description of the

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CHAPTER I—PATENT AND TRADEMARK OFFICE,

PART 1—RULES OF PRACTICE IN PATENT CASES

Subpart B—National Processing Provisions

37 CFR 1.81 Drawings required in patent application.

(b) Drawings may include illustrations, which facilitate an

(c) Whenever the nature of the subject matter sought to be patented

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(b) When the invention consists of an improvement on an old

(c) Where the drawings in a nonprovisional application do not

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(a) Drawings. There are two acceptable categories for presenting

(i) The fee set forth in § 1.17(h);

(ii) Three (3) sets of color drawings;

(iv) An amendment to the specification to insert (unless the

The patent or application file contains at least one drawing

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 One set remains in the patent application file wrapper.