Can a design application be considered complete without drawings?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

No, a design application cannot be considered complete without drawings. The MPEP 601.01 states: “A design application is not entitled to a filing date under 35 U.S.C. 171 unless the application contains a drawing in compliance with 37 CFR 1.152.” This requirement is specific to design applications due to their visual nature. Drawings are essential for depicting the ornamental design for which protection is sought. Without compliant drawings, the application will not be granted a filing date and will not be processed further.

Topics: Patent Law Patent Procedure
Tags: Design Application, design patent, filing requirements, patent drawings