# MPEP § 608.02: Drawing > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/MPEP_S608.02 ## Section - **Citation:** MPEP § 608.02 - **Heading:** Drawing - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** USPTO MPEP / Chapter 0600 - Parts, Form, and Content of Application / MPEP § 608.02 ## Text 35 U.S.C. 113 Drawings. The applicant shall furnish a drawing where necessary for the understanding of the subject matter 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 Commissioner 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. 37 CFR 1.81  Drawings required in patent application. [Editor Note: Para. (a) below is only applicable to patent applications filed under 35 U.S.C. 111 on or after December 18, 2013.] (a) The applicant for a patent is required to furnish a drawing of the invention where necessary for the understanding of the subject matter sought to be patented. 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, flow sheets 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. cesses, 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 1.81 (pre-PLT) Drawings required in patent application [Editor Note: Para. (a) below is applicable to patent applications filed before December 18, 2013.] (a) The applicant for a patent is required to furnish a drawing of the 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. ***** I. FILING DATE IN THE ABSENCE OF DRAWING A. Applications Filed under 35 U.S.C. 111 on or after December 18, 2013 For applications filed on or after December 18, 2013, other than design applications, 35 U.S.C. 111 no longer requires that an application contain a drawing where necessary for the understanding of the subject matter sought to be patented to be entitled to a filing date. 35 U.S.C ***** I. FILING DATE IN THE ABSENCE OF DRAWING A. Applications Filed under 35 U.S.C. 111 on or after December 18, 2013 For applications filed on or after December 18, 2013, other than design applications, 35 U.S.C. 111 no longer requires that an application contain a drawing where necessary for the understanding of the subject matter sought to be patented to be entitled to a filing date. 35 U.S.C. 113 continues to provide, however, that “[t]he applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented” and that “[d]rawings 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.” Thus, the absence of any drawing on the filing date of an application where a drawing is necessary for the understanding of the subject matter sought to be patented may result in an applicant not being able to obtain a patent for any claimed invention presented in the application, but except for design applications, the absence of any drawing on the filing of an application no longer raises a question as to whether the application is entitled to a filing date. Pursuant to 35 U.S.C. 171 , a design application (whether filed before, on, or after December 18, 2013) must be filed with any required drawing to be entitled to a filing date. The preparation of drawings for a provisional or nonprovisional application is prudent where a drawing is necessary for the understanding of the subject matter sought to be patented, and inclusion of such drawing(s) with the application on filing will help ensure that the requirements of 35 U.S.C. 113 are satisfied for any such claimed invention. B. Applications Filed before December 18, 2013 For applications filed under 35 U.S.C provisional or nonprovisional application is prudent where a drawing is necessary for the understanding of the subject matter sought to be patented, and inclusion of such drawing(s) with the application on filing will help ensure that the requirements of 35 U.S.C. 113 are satisfied for any such claimed invention. B. Applications Filed before December 18, 2013 For applications filed under 35 U.S.C. 111 before December 18, 2013, a drawing (where necessary for the understanding of the subject matter sought to be patented), or a high quality copy thereof, must be filed with the application. See pre-PLT 35 U.S.C. 111 , 35 U.S.C. 113 , and pre-PLT 37 CFR 1.81 . In accordance with pre-PLT 35 U.S.C. 111 , a specification and any necessary drawing(s) are among the requirements for an application to be given a filing date. The first sentence of 35 U.S.C 113 requires a drawing to be submitted where such drawing is necessary for the understanding of the invention. In this situation, the lack of a drawing renders the application incomplete and, as such, the application cannot be given a filing date until the drawing is received. The second sentence of 35 U.S.C. 113 addresses the situation wherein a drawing is not necessary for the understanding of the invention, but the subject matter sought to be patented admits of illustration and no drawing was submitted on filing. The lack of a drawing in this situation does not render the application incomplete but rather is treated as an informality. The examiner should require such drawings in almost all such instances. Such drawings could be required during the initial processing of the application but do not have to be furnished at the time the application is filed. The applicant is given at least two months from the date of the letter requiring drawings to submit the drawing(s). II cation incomplete but rather is treated as an informality. The examiner should require such drawings in almost all such instances. Such drawings could be required during the initial processing of the application but do not have to be furnished at the time the application is filed. The applicant is given at least two months from the date of the letter requiring drawings to submit the drawing(s). II. RECEIPT OF DRAWING AFTER THE FILING DATE If the examiner discovers new matter in a substitute or additional drawing, the drawing should not be entered and the examiner should describe the new matter that resulted in non-entry in the next Office action. A new drawing without such new matter may be required if the examiner determines that a drawing is needed under 37 CFR 1.81 or 37 CFR 1.83 . Form paragraph 6.37 , reproduced in MPEP § 608.02(h) , may be used. The examiner’s decision would be reviewable by filing a petition under 37 CFR 1.181 . The Technology Center (TC) Director would decide such a petition. III. HANDLING OF DRAWING REQUIREMENTS UNDER THE FIRST SENTENCE OF 35 U.S.C. 113 The Office of Patent Application Processing (OPAP) will make the initial decision in all new applications as to whether a drawing is “necessary” under the first sentence of 35 U.S.C. 113 . A drawing will be considered necessary under the first sentence of 35 U.S.C. 113 in all applications where the drawing is referred to in the specification and one or more figures have been omitted. The determination under 35 U.S.C. 113 (first sentence) as to when a drawing is necessary will be handled in OPAP in accordance with the following procedure. OPAP will make the initial determination as to whether drawings are required for the understanding of the subject matter of the invention. When no drawings are included in the application as filed and drawings are required, the applicant is so informed by OPAP. A filing date will not be granted if the application was filed under 35 U.S.C handled in OPAP in accordance with the following procedure. OPAP will make the initial determination as to whether drawings are required for the understanding of the subject matter of the invention. When no drawings are included in the application as filed and drawings are required, the applicant is so informed by OPAP. A filing date will not be granted if the application was filed under 35 U.S.C. 111 before December 18, 2013 and applicant will be notified to complete the application ( 37 CFR 1.53(e) ). If a drawing is later furnished in an application filed under 35 U.S.C. 111 before December 18, 2013, a filing date may be granted as of the date of receipt of such drawing. An OPAP formality examiner should not treat an application without drawings as incomplete if drawings are not required. A drawing is not required for a filing date for applications, other than design applications, filed under 35 U.S.C. 111 on or after December 18, 2013. For applications filed before December 18, 2013 a drawing is not required for a filing date under pre-PLT 35 U.S.C. 111 if the application contains: (A) at least one process claim including the term “process” or “method” in its introductory phrase; (B) at least one composition claim including the term “composition,” “compound,” “mixture” or “pharmaceutical” in its introductory phrase; (C) at least one claim directed to a coated article or product or to an article or product made from a particular material or composition (i.e., an article of known and conventional character (e.g., a table), coated with or made of a particular composition (e.g., a specified polymer such as polyvinyl-chloride)); (D) at least one claim directed to a laminated article or product (i.e., a laminated article of known and conventional character (e.g., a table)); or (E) at least one claim directed to an article, apparatus, or system where the sole distinguishing feature is the presence of a particular material (e.g., a hydraulic system using a particular hydraulic fluid, or a conventional packaged sutur oride)); (D) at least one claim directed to a laminated article or product (i.e., a laminated article of known and conventional character (e.g., a table)); or (E) at least one claim directed to an article, apparatus, or system where the sole distinguishing feature is the presence of a particular material (e.g., a hydraulic system using a particular hydraulic fluid, or a conventional packaged suture using a particular material). For a more complete explanation about when a drawing is required, see MPEP § 601.01(f) . For applications submitted without all of the drawings described in the specification, see MPEP § 601.01(g) . If an examiner determines that a filing date should not have been granted in an application filed before December 18, 2013 because it does not contain drawings, the matter should be brought to the attention of the supervisory patent examiner (SPE) for review. If the SPE decides that drawings are required to understand the subject matter of the invention, the SPE should return the application to OPAP with a typed, signed, and dated memorandum requesting cancellation of the filing date and identifying the subject matter required to be illustrated. IV. HANDLING OF DRAWING REQUIREMENTS UNDER THE SECOND SENTENCE OF 35 U.S.C. 113 - ILLUSTRATION SUBSEQUENTLY REQUIRED 35 U.S.C.113 addresses the situation wherein a drawing is not necessary for the understanding of the invention, but the subject matter sought to be patented admits of illustration by a drawing and the applicant has not furnished a drawing. The lack of a drawing in this situation is treated as an informality. A filing date will be accorded with the original presentation of the papers. The acceptance of an application without a drawing does not preclude the examiner from requiring an illustration in the form of a drawing under 37 CFR 1.81(c) e patented admits of illustration by a drawing and the applicant has not furnished a drawing. The lack of a drawing in this situation is treated as an informality. A filing date will be accorded with the original presentation of the papers. The acceptance of an application without a drawing does not preclude the examiner from requiring an illustration in the form of a drawing under 37 CFR 1.81(c) . In requiring such a drawing, the examiner should clearly indicate that the requirement is made under 37 CFR 1.81(c) which applies when 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. Examiners making such requirements are to specifically require, as a part of the applicant’s next reply, at least an ink sketch or permanent print of any drawing in reply to the requirement, even though no allowable subject matter is yet indicated. This will afford the examiner an early opportunity to determine the sufficiency of the illustration and the absence of new matter. See 37 CFR 1.121 and 37 CFR 1.81(d) . One of the following form paragraphs may be used to require a drawing: ## Nearby sections - [MPEP § 601 Content of Provisional and Nonprovisional Applications](https://www.frixlaw.com/law-library/statutes/MPEP_S601.md) - [MPEP § 601.01 Complete Application](https://www.frixlaw.com/law-library/statutes/MPEP_S601.01.md) - [MPEP § 601.01(a) Nonprovisional Applications Filed Under 35 U.S.C. 111(a)](https://www.frixlaw.com/law-library/statutes/MPEP_S601.01(a).md) - [MPEP § 601.01(b) Provisional Applications Filed Under 35 U.S.C. 111(b)](https://www.frixlaw.com/law-library/statutes/MPEP_S601.01(b).md) - [MPEP § 601.01(c) Conversion to or from a Provisional Application](https://www.frixlaw.com/law-library/statutes/MPEP_S601.01(c).md) - [MPEP § 601.01(d) Application Filed Without All Pages of Specification](https://www.frixlaw.com/law-library/statutes/MPEP_S601.01(d).md) - [MPEP § 601.01(e) Nonprovisional Application Filed Without at Least One Claim](https://www.frixlaw.com/law-library/statutes/MPEP_S601.01(e).md) - [MPEP § 601.01(f) Applications Filed Without Drawings](https://www.frixlaw.com/law-library/statutes/MPEP_S601.01(f).md) - [MPEP § 601.01(g) Applications Filed Without All Figures of Drawings](https://www.frixlaw.com/law-library/statutes/MPEP_S601.01(g).md) - [MPEP § 601.02 Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S601.02.md) - [MPEP § 601.03 Correspondence Address](https://www.frixlaw.com/law-library/statutes/MPEP_S601.03.md) - [MPEP § 601.03(a) Change of Correspondence Address in Applications Filed On or After September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S601.03(a).md) - [MPEP § 601.03(b) Change of Correspondence Address in Applications Filed Before September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S601.03(b).md) - [MPEP § 601.04 National Stage Requirements of the United States as a Designated Office](https://www.frixlaw.com/law-library/statutes/MPEP_S601.04.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S608.02. Check the current official text before relying on it. Not legal advice.