What happens if OPAP objects to the drawings in a patent application?
If OPAP objects to the drawings in a patent application, the following process occurs:
- OPAP sends a Notice to the applicant requiring submission of corrected drawings.
- The Notice typically sets a time period of two months for response.
- Corrected drawings must be filed in paper form to the mailing address specified in the Notice.
- No fee is required for filing the corrected drawings requested by OPAP.
MPEP 507 states:
If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the mailing address set forth in the Notice, along with any other items required by OPAP, to avoid abandonment of the application. No fee will be necessary for filing corrected drawings which are required by OPAP.
It’s crucial to respond within the set time period to avoid potential abandonment of the application.
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
MPEP 507 - Drawing Review in the Office of Patent Application Processing,
Patent Law,
Patent Procedure