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Title 35 — Patents

Part II · Chapter 11 — Application for Patent

§ 113. Drawings

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. July 19, 1952, ch. 950, 66 Stat. 799 · 66 Stat. 799

    Enacted · 35 U.S.C. § 113

    July 19, 1952, ch. 950, 66 Stat. 799

    Source evidence

    Code source credit
    July 19, 1952, ch. 950, 66 Stat. 799

  2. Pub. L. 94–131 § 8 · 89 Stat. 685

    Substituted · 35 U.S.C. § 113

    Pub. L. 94–131 substituted provisions respecting drawings requiring necessary-for-understanding drawings and submission of drawings within prescribed time period and limiting use of drawings submitted after filing date of application for prior provision requiring the applicant to furnish a drawing when the nature of the case admitted it

    Source evidence

    Code amendment note
    Pub. L. 94–131 substituted provisions respecting drawings requiring necessary-for-understanding drawings and submission of drawings within prescribed time period and limiting use of drawings submitted after filing date of application for prior provision requiring the applicant to furnish a drawing when the nature of the case admitted it.

    Enacted provision · exact public law section
    Sec. 8. Section 113 of title 35, United States Code, is amended to read as follows: “§ 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 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.”.

  3. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

    1. Amended · 35 U.S.C. § 113

      Pub. L. 106–113, as amended by Pub. L. 107–273

    2. Substituted · 35 U.S.C. § 113

      Pub. L. 106–113, as substituted “Director” for “Commissioner”

    Source evidence

    Code amendment note
    Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

    Effective date note
    Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

  4. Intellectual Property and High Technology Technical Amendments Act of 2002

    Pub. L. 107–273 div. C title III § 13206(b)(1)(B) · 116 Stat. 1758

    Changed · 35 U.S.C. § 113

    Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.

    Enacted provision · exact public law section
    (B) in paragraph (10)(A), by inserting after “title 35, United States Code,” the following: “other than sections 1 through 6 (as amended by chapter 1 of this subtitle),”.

2 of 5 references resolved to an enrolled provision · 3 partial

Notes

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 34, part (R.S. 4889, amended Mar. 3, 1915, ch. 94, § 2, 38 Stat. 958).

The requirement for signature in the corresponding section of existing statute is omitted; regulations of the Patent Office can take care of any substitute. A redundant clause is omitted.

Editorial Notes

Amendments1975–2002 · 3 rounds

2002

Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.

1999

Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

1975

Pub. L. 94–131 substituted provisions respecting drawings requiring necessary-for-understanding drawings and submission of drawings within prescribed time period and limiting use of drawings submitted after filing date of application for prior provision requiring the applicant to furnish a drawing when the nature of the case admitted it.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

Effective Date of 1975 Amendment

Amendment by Pub. L. 94–131 effective , and applicable on and after that date to patent applications filed in the United States and to international applications, where applicable, see section 11 of Pub. L. 94–131, set out as an Effective Date note under section 351 of this title.

Credits

1952–2002 · 4 acts
  1. 1952July 19, 1952, ch. 950, 66 Stat. 799
  2. 1975Pub. L. 94–131, § 8, , 89 Stat. 691
  3. 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582
  4. 2002Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906.
Show as published

(July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 94–131, § 8, , 89 Stat. 691; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906.)

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