What happens if a patent application is filed without drawings?

The treatment of a patent application filed without drawings depends on the application type and filing date:

  • For nonprovisional applications filed on or after December 18, 2013 (except design applications):
    • The application will be accorded a filing date
    • Drawings may be filed later, but no new matter may be added
  • For applications filed before December 18, 2013 and design applications:
    • If drawings are necessary under 35 U.S.C. 113, the application will not be accorded a filing date
    • A “Notice of Incomplete Application” will be mailed

The USPTO states: Applications filed without drawings are initially inspected to determine whether a drawing is referred to in the specification, and if not, whether a drawing is necessary for the understanding of the invention.

For applications where drawings are determined to be necessary: If a nonprovisional application filed prior to December 18, 2013 or a design application does not have at least one claim directed to the subject matter discussed above for which a drawing is usually not considered essential for a filing date… and is filed without drawings, OPAP will mail a “Notice of Incomplete Application” indicating that the application lacks drawings and that 35 U.S.C. 113 (first sentence) requires a drawing where necessary for the understanding of the subject matter sought to be patented.

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Topics: Patent Law, Patent Procedure
Tags: Filing Date, incomplete application, missing drawings, Patent Application Procedure