MPEP § 1825 — MPEP § 1825
Current through: 2022-07-01

1825-The Drawings 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1800 

 Section 1825 
 

 
 
 
 
 
 1825 The Drawings [R-08.2017]

 
 PCT 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.
 

 
 

 
 

 
 PCT Rule 7 

 The Drawings 

 
 7.1 Flow Sheets and Diagrams

 Flow sheets 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.
 

 

 
 PCT Rule 11 

 Physical Requirements of the International
 Application 

 *****

 
 11.5 Size of Sheets

 The size of the sheets shall be A4 (29.7 cm x 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 x 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.

 
 *****

 

 
 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.
 

 *****

 

 
 11.13 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.
 

 
 *****

 

 

 
 37 CFR 1.437 The drawings. 

 
 (a) Drawings are required when they are necessary for the
 understanding of the invention ( PCT Art. 7 ). 
 

 (b) The physical requirements for drawings are set forth in
 PCT
 Rule 11 and shall be adhered to. 
 

 
 

 The international application must contain drawings when they are
 necessary for the understanding of the invention. Moreover where, without drawings being
 actually necessary for the understanding of the invention, its nature admits of
 illustration by drawings, the applicant may include such drawings and any designated
 Office may require the applicant to file such drawings during the national phase. Flow
 sheets and diagrams are considered drawings.
 

 Drawings must be presented on one or more separate sheets. They may not
 be included in the description, the claims or the abstract. They may not contain text
 matter, except a single word or words when absolutely indispensable. Note that if the
 drawings contain text matter not in English but in a language accepted under
 PCT Rule
 12.1(a) by the International Bureau as a Receiving Office, the
 international application will be transmitted to the International Bureau for processing
 in its capacity as a Receiving Office. See 37 CFR 1.412(c)(6)(ii) . If the
 drawings contain text matter not in a language accepted under PCT Rule 12.1(a) 
 by the International Bureau as a Receiving Office, the application will be denied an
 international filing date.
 

 All lines in the drawings must, ordinarily, be drawn with the aid of a
 drafting instrument and must be executed in black, uniformly thick and well-defined
 lines. Color drawings are not acceptable. PCT Rules 11.10 to
 11.13 contain detailed requirements as to further physical
 requirements of drawings. Drawings newly executed according to national standards may
 not be required during the national phase if the drawings filed with the international
 application comply with PCT Rule 11 . The examiner may
 require new drawings where the drawings which were accepted during the international
 phase did not comply with PCT Rule 11 . A file reference may
 be indicated in the upper left corner on each sheet of the drawings.
 

 All of the figures constituting the drawings must be grouped together on
 a sheet or sheets without waste of space, preferably in an upright position and clearly
 separated from each other. Where the drawings cannot be presented satisfactorily in an
 upright position, they may be placed sideways, with the tops of the drawings on the
 left-hand side of the sheet.
 

 The usable surface of sheets (which must be of A4 size) must not exceed
 26.2 cm x 17.0 cm. The sheets must not contain frames around the usable surface. The
 minimum margins which must be observed are: top and left side: 2.5 cm; right side: 1.5
 cm; bottom: 1.0 cm.
 

 All sheets of drawings must be numbered in the center of either the top
 or the bottom of each sheet but not in the margin in numbers larger than those used as
 reference signs in order to avoid confusion with the latter. For drawings, a separate
 series of page numbers is to be used. The number of each sheet of the drawings must
 consist of two Arabic numerals separated by an oblique stroke, the first being the sheet
 number and the second being the total number of sheets of drawings. For example, “2/5”
 would be used for the second sheet of drawings where there are five in all.
 

 Different figures on the sheets of drawings must be numbered in Arabic
 numerals consecutively and independently of the numbering of the sheets and, if
 possible, in the order in which they appear. This numbering should be preceded by the
 expression “Fig.”
 

 In situations where one or more sheets are added, each
 sheet shall be identified by the number of the preceding sheet followed by a slant and
 then by another Arabic numeral such that the additional sheets are numbered
 consecutively, starting always with number one for the first sheet added after an
 unchanged sheet (e.g., 10/1, 15/1, 15/2, 15/3, etc.). See Administrative Instructions
 Section 311 .
 

 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.
 

 The procedure for rectification of obvious mistakes in the drawings is
 explained in MPEP §
 1836 . The omission of an entire sheet of drawings cannot be
 rectified without affecting the international filing date, except in applications filed
 on or after April 1, 2007, where, if the application, on its initial receipt date,
 contained a priority claim and a proper incorporation by reference statement, the
 original international filing date may be retained if the submitted correction was
 completely contained in the earlier application. See PCT Rules 4.18 and
 20.6 . Rectifications of obvious mistakes are not considered to
 be amendments.
 

 The drawings can be amended during the international phase only if the
 applicant files a Demand for international preliminary examination. The drawings can
 also be amended during the national phase. The amendment shall not go beyond the
 disclosure in the international application as filed. See PCT Article
 34(2)(b) .
 

 If drawings are referred to in an international application and are not
 found in the search copy file, the examiner should refer the application to a Quality
 Assurance Specialist in his or her Technology Center or a PCT Special Program Examiner.
 See Administrative Instructions Section 310 . 
 

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 1801-Basic Patent Cooperation Treaty (PCT) Principles 

 1802-PCT Definitions 

 1803-Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America 

 1804-[Reserved] 

 1805-Where To File an International Application 

 1806-Applicants and Inventors 

 1807-Agent or Common Representative and General Power of Attorney 

 1808-Change in or Revocation of the Appointment of an Agent or a Common Representative 

 1809-Access to the USPTO patent electronic filing system 

 1810-Filing Date Requirements 

 1811-[Reserved] 

 1812-Elements of the International Application 

 1813 - 1816-[Reserved] 

 1817-PCT Member States 

 1818-[Reserved] 

 1819-Earlier Search 

 1820-Signature of Applicant 

 1821-The Request 

 1822-[Reserved] 

 1823-The Description 
 1823.01-Reference to Deposited Biological Material 

 1823.02-Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications 

 
 

 1824-The Claims 

 1825-The Drawings 

 1826-The Abstract 

 1827-Fees 
 1827.01-Refund of International Application Fees 

 
 

 1828-Priority Claim and Document 
 1828.01-Restoration of the Right of Priority 

 1828.02-Continuation or Continuation-in-Part Indication in the Request 

 
 

 1829-[Reserved] 

 1830-International Application Transmittal Letter 

 1831-[Reserved] 

 1832-License Request for Foreign Filing Under the PCT 

 1833-[Reserved] 

 1834-Correspondence 
 1834.01-Filing of Correspondence by Facsimile 

 1834.02-Irregularities in the Mail or Electronic Communications Service 

 
 

 1835-[Reserved] 

 1836-Rectification of Obvious Mistakes 

 1837 - 1839-[Reserved] 

 1840-The International Searching Authority 
 1840.01-The European Patent Office as an International Searching Authority 

 1840.02-The Korean Intellectual Property Office as an International Searching Authority 

 1840.03-The Australian Patent Office (IP Australia) as an International Searching Authority 

 1840.04-[Reserved] 

 1840.05-The Israel Patent Office (ILPO) as an International Searching Authority 

 1840.06-The Japan Patent Office (JPO) as an International Searching Authority 

 1840.07-The Intellectual Property Office of Singapore (IPOS) as an International Searching Authority 

 
 

 1841-[Reserved] 

 1842-Basic Flow Under the PCT 

 1843-The International Search 
 1843.01-Prior Art for Chapter I Processing 

 1843.02-Certain Subject Matter Need Not Be Searched 

 1843.03-No Search Required if Claims Are Unclear 

 1843.04-Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear 

 1843.05-Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority 

 
 

 1844-The International Search Report 
 1844.01-Preparing the International Search Report (Form PCT/ISA/210) 

 
 

 1845-Written Opinion of the International Searching Authority 
 1845.01-Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) 

 1845.02-Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority,
 or the Declaration (Form PCT/ISA/220) 

 
 

 1846 - 1847-[Reserved] 

 1848-Sequence Listings 

 1849-[Reserved] 

 1850-Unity of Invention Before the International Searching Authority 

 1851-Identification of Patent Documents 

 1852-Taking Into Account Results of Earlier Search(es) 

 1853-Amendment Under PCT Article 19 

 1854 - 1855-[Reserved] 

 1856-Supplementary International Searches 

 1857-International Publication 

 1858-[Reserved] 

 1859-Withdrawal of International Application, Designations, or Priority Claims 

 1860-International Preliminary Examination Procedure 

 1861-[Reserved] 

 1862-Agreement With the International Bureau To Serve as an International Preliminary Examining Authority 

 1863-[Reserved] 

 1864-The Demand and Preparation for Filing of Demand 
 1864.01-Amendments Filed Under PCT Article 34 

 1864.02-Applicant’s Right To File a Demand 

 1864.03-States Which May Be Elected 

 1864.04-Agent’s Right To Act 

 
 

 1865-Filing of Demand 

 1866-[Reserved] 

 1867-Preliminary Examination Fees 

 1868-Correction of Defects in the Demand 

 1869-Notification to International Bureau of Demand 

 1870-Priority Document and Translation Thereof 

 1871-Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination 

 1872-Availability of the International Application File for International Preliminary Examination by the Examining Corps 

 1873-[Reserved] 

 1874-Determination if International Preliminary Examination Is Required and Possible 

 1875-Unity of Invention Before the International Preliminary Examining Authority 
 1875.01-Preparation of Invitation Concerning Unity 

 1875.02-Reply to Invitation Concerning Lack of Unity of Invention 

 
 

 1876-Notation of Errors and Informalities by the Examiner 
 1876.01-Request for Rectification and Notification of Action Thereon 

 
 

 1877-Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination 

 1878-Preparation of the Written Opinion of the International Preliminary Examining Authority 
 1878.01-Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written
 Opinion and the International Preliminary Examination Report 
 1878.01(a)-Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report 
 1878.01(a)(1)-Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(2)-Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(3)-Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report 

 
 

 
 

 1878.02-Reply to the Written Opinion of the ISA or IPEA 

 
 

 1879-Preparation of the International Preliminary Examination Report 
 1879.01-Time Limit for Preparing Report 

 1879.02-Transmittal of the International Preliminary Examination Report and Related Documents 

 1879.03-Translations 

 1879.04-Confidential Nature of the Report 

 
 

 1880-Withdrawal of Demand or Election 

 1881-Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office 

 1882 - 1892-[Reserved] 

 1893-National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 
 1893.01-Commencement and Entry 
 1893.01(a)-Entry via the U.S. Designated or Elected Office 
 1893.01(a)(1)-Submissions Required by 30 Months from the Priority Date 

 1893.01(a)(2)-Article 19 Amendment (Filed With the International Bureau) 

 1893.01(a)(3)-Article 34 Amendments (Filed with the International Preliminary Examining Authority) 

 1893.01(a)(4)-Claim Amendment (Filed With the U.S. Designated or Elected Office) 

 
 

 1893.01(b)-Applicant for a U.S. National Stage Application 

 1893.01(c)-Fees 

 1893.01(d)-Translation 

 1893.01(e)-Inventor’s Oath or Declaration 

 
 

 1893.02-Abandonment 

 1893.03-Prosecution of U.S. National Stage Applications Before the Examiner 
 1893.03(a)-How To Identify That an Application Is a U.S. National Stage Application 

 1893.03(b)-The Filing Date of a U.S. National Stage Application 

 1893.03(c)-The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application 

 1893.03(d)-Unity of Invention 

 1893.03(e)-Documents Received from the International Bureau and Placed in a U.S. National Stage Application File 
 1893.03(e)(1)-Title of the Invention 

 
 

 1893.03(f)-Drawings and PCT Rule 11 

 1893.03(g)-Information Disclosure Statement in a National Stage Application 

 
 

 
 

 1894-[Reserved] 

 1895-A Continuation, Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States 
 1895.01-Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications 

 
 

 1896-The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under
 35 U.S.C. 371 

 

 

 
 

 
 
 

 
 

 

 
 
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