What happens if a patent application is filed without drawings?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.