C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 1—RULES OF PRACTICE IN PATENT CASES › Subpart B—National Processing Provisions

37 C.F.R. § 1.81

Drawings required in patent application

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(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.

(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.

[43 FR 4015, Jan. 31, 1978, as amended at 53 FR 47808, Nov. 28, 1988; 77 FR 48821, Aug. 14, 2012; 78 FR 62404, Oct. 21, 2013]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1998–2026 · leading case: Hologic, Inc. v. Smith & Nephew, Inc., 884 F.3d 1357 (Fed. Cir. 2018).
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Hologic, Inc. v. Smith & Nephew, Inc., 884 F.3d 1357 (Fed. Cir. 2018). “§ 113 (requiring only that the "applicant shall furnish a *1363 drawing where necessary for the understanding of the subject matter sought to be patented"); see also 37 C.F.R. § 1.81 (a) ("The applicant for a patent is required to furnish a drawing of the invention where…”
Emissive Energy Corp. v. Olight Store USA, Inc. (D.N.J. 2026). “§ 112(a); 37 C.F.R. § 1.81(a), (b) (“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.”
Epic Metals Corp. v. Consol. Sys., Inc., 19 F. Supp. 2d 1296 (M.D. Fla. 1998). “75(d), 37 CFR 1.81 and 37 CFR 1.83.” June 29, 1992, Notice of Allowability.”
— 37 C.F.R. § 1.81(a) — 1 case
Emissive Energy Corp. v. Olight Store USA, Inc. (D.N.J. 2026). “§ 112(a); 37 C.F.R. § 1.81(a), (b) (“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.”
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