What happens if drawings are omitted from a patent application?
If drawings are omitted from a patent application, the consequences depend on whether the drawings are necessary for understanding the invention. According to MPEP 601.01(f):
“If drawings are necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, the application will be denied a filing date and the applicant will be notified that the application is incomplete.”
However, if the drawings are not necessary for understanding the invention, the application may still be given a filing date. The examiner will send a Notice of Omitted Items, giving the applicant two months to submit the missing drawings and avoid abandonment of the application.
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Topics:
Patent Law,
Patent Procedure