Title 35PatentsRelease 119-73

§113 Drawings

Title 35 › Part PART II— - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter CHAPTER 11— - APPLICATION FOR PATENT › § 113

Last updated Apr 6, 2026|Official source

Summary

Applicants must provide drawings when they are needed to explain the invention. If drawings are needed but not given, the Patent Office Director can require them and must allow at least two months after sending notice. Late drawings cannot be used to fix a weak written description or to add to the original disclosure to interpret any claim.

Full Legal Text

Title 35, §113

Patents — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

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

Amendments

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 AmendmentAmendment 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.

Effective Date

of 1975 AmendmentAmendment by Pub. L. 94–131 effective Jan. 24, 1978, 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.

Reference

Citations & Metadata

Citation

35 U.S.C. § 113

Title 35Patents

Last Updated

Apr 6, 2026

Release point: 119-73