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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