USCODE-2024-title35-partII-chap11-sec113 - Patents - Drawings and Inventor’s Oath/Declaration (35 U.S.C.)

Oct 29, 2026

Federal patent law provisions in Title 35 outline procedural requirements for patent applications, focusing on mandated patent drawings, models, specimens, and the inventor’s oath or declaration. The text explains when the Director may require drawings for understanding the claimed subject matter, restricts the use of later-submitted drawings for filling disclosure gaps or expanding original disclosure, and addresses evidentiary materials like models or specimens for compositions of matter. It also specifies the requirement to name inventors and include oath or declaration statements, permits substitute statements under defined circumstances, and records amendment and effective-date notes.

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§ 113. Drawings

§ 114. Models, specimens

§ 115. Inventor’s oath or declaration (a)-(d)

Page 49 TITLE 35—PATENTS § 115 EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–83 effective three months after July 24, 1965, see section 7(a) of Pub. L. 89–83, set out as a note under section 41 of this title. § 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 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. (July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 94–131,§ 8, Nov. 14, 1975, 89 Stat. 691; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906. ) 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 AMENDMENT 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. EFFECTIVE DATE OF 1975 AMENDMENT Amendment 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. § 114. Models, specimens The Director may require the applicant to furnish a model of convenient size to exhibit advantageously the several parts of his invention. When the invention relates to a composition of matter, the Director may require the appli- cant to furnish specimens or ingredients for the purpose of inspection or experiment. (July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV,§ 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III,§ 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906. ) HISTORICAL AND REVISION NOTES Based on Title 35, U. S.C. , 1946 ed. , § 34, part (R. S. 4890 and 4891) . The change in language in the second paragraph broadens the requirement for specimens. 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’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV,

FAQs

When can the Director require drawings in a patent application?

The Director may require a drawing when it is necessary for understanding the subject matter sought to be patented and the applicant has not furnished such a drawing, within a specified time period not less than two months from notice.

How are drawings submitted after the filing date treated?

Drawings submitted after the filing date may not be used to overcome insufficiency in the specification due to lack of enabling or otherwise adequate disclosure, nor to supplement the original disclosure for purposes of interpreting the scope of any claim.

What must an inventor’s oath or declaration include under § 115?

An application must include the inventor’s name and include an oath or declaration with required statements that the application was made or authorized by the affiant and that the individual believes they are the original (or joint) inventor.

Oct 29, 2026

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