1893.03(f) Drawings and PCT Rule 11 [R-07.2022]

The USPTO may not impose drawing requirements during the examination of a national stage application beyond those imposed by the Patent Cooperation Treaty (e.g., PCT Rule 11). However, the examiner does have the authority to require new drawings if the drawings were published without meeting all requirements under the PCT for drawings.

An applicant may file amended drawings in accordance with 37 CFR 1.84 and 1.121(d) during the national stage. This includes an amendment seeking to replace black and white drawings with color drawings accompanied by a grantable petition to accept a color drawing and the necessary petition fee. Guidance on review of a petition to accept color drawings is provided in MPEP § 608.02, subsection VIII. In the event that an International Application was filed with color drawings and published by the International Bureau with only black and white drawings, the applicant is entitled to rely on the color drawings that were present on the international filing date to determine if a subsequent amendment seeking to add color drawings during the national stage includes new matter.