What are the requirements for corrected drawings at the time of allowance?
When an application is allowed, but corrected drawings are required, the USPTO follows specific procedures outlined in 37 CFR 1.85(c):
- The Office will notify the applicant in a notice of allowability.
- A three-month period from the mail date of the notice is set for the applicant to file corrected drawings.
- The drawings must comply with § 1.84 or § 1.1026, as applicable.
- Failure to submit corrected drawings within this period will result in abandonment of the application.
- This time period is not extendable under § 1.136.
The MPEP states: “If a corrected drawing is required or if a drawing does not comply with § 1.84 or an amended drawing submitted under § 1.121(d) in a nonprovisional international design application does not comply with § 1.1026 at the time an application is allowed, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mail date of the notice of allowability within which the applicant must file a corrected drawing in compliance with § 1.84 or 1.1026, as applicable, to avoid abandonment.” This emphasizes the importance of timely submission of compliant drawings to avoid abandonment of the application.
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