35 U.S.C. § 113 — Drawings

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 there- of. 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 inad- equate 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 re- dundant clause is omitted. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 made technical correction to di- rectory language of Pub. L. 106–113. See 1999 Amend- ment 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 draw- ings and submission of drawings within prescribed time period and limiting use of drawings submitted after fil- ing 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 applica- tions filed in the United States and to international ap- plications, 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 fur- nish a model of convenient size to exhibit advan- tageously 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 di- rectory language of Pub. L. 106–113. See 1999 Amend- ment 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, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title. § 115. Inventor’s oath or declaration (a) NAMING THE INVENTOR; INVENTOR’S OATH OR DECLARATION.—An application for patent that is filed under section 111(a) or commences the na- tional stage under section 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application. Except as otherwise provided in this section, each individual who is the inventor or a joint in- ventor of a claimed invention in an application for patent shall execute an oath or declaration in connection with the application. (b) REQUIRED STATEMENTS.—An oath or dec- laration under subsection (a) shall contain statements that— (1) the application was made or was author- ized to be made by the affiant or declarant; and (2) such individual believes himself or her- self to be the original inventor or an original joint inventor of a claimed invention in the application. (c) ADDITIONAL REQUIREMENTS.—The Director may specify additional information relating to the inventor and the invention that is required to be included in an oath or declaration under subsection (a). (d) SUBSTITUTE STATEMENT.— (1) IN GENERAL.—In lieu of executing an oath or declaration under subsection (a), the appli- cant for patent may provide a substitute statement under the circumstances described in paragraph (2) and such additional cir- cumstances that the Director may specify by regulation. (2) PERMITTED CIRCUMSTANCES.—A substitute statement under paragraph (1) is permitted with respect to any individual who— (A) is unable to file the oath or declaration under subsection (a) because the individual—