How can an applicant establish prior receipt of missing drawings in a patent application?

If an applicant believes that the missing drawings were actually submitted with the original application, they can establish prior receipt by following these steps:

1. File a petition under 37 CFR 1.53(e) within two months of the OPAP notice date
2. Include the petition fee set forth in 37 CFR 1.17(f)
3. Provide evidence of the deposit of the drawings with the application papers

The MPEP states: An applicant asserting that the drawing(s) was in fact received by the USPTO with the application papers must, within two months from the date of the OPAP notice, file a petition under 37 CFR 1.53(e) with the petition fee set forth in 37 CFR 1.17(f), along with evidence of such deposit.

If it is determined that the drawings were indeed received with the original application, the petition fee will be refunded.

To learn more:

• prior receipt
• missing drawings
• petition
• evidence
• OPAP notice