Can an applicant submit omitted drawings after filing a patent application?

Yes, an applicant can submit omitted drawings after filing a patent application, but this will affect the application’s filing date. The process involves:

1. Submitting the omitted drawings within two months of the OPAP notice
2. Filing a petition under 37 CFR 1.182
3. Paying the petition fee set forth in 37 CFR 1.17(f)
4. Accepting the date of submission of the omitted drawings as the new application filing date

The MPEP states: An applicant desiring to submit the omitted drawing(s) in a nonprovisional application and accept the date of such submission as the application filing date must, within two months from the date of the OPAP notice, file any omitted drawing(s) and a petition under 37 CFR 1.182 with the petition fee set forth in 37 CFR 1.17(f), requesting the later filing date.

It’s important to note that for applications filed before September 16, 2012, the omitted drawings must be accompanied by an oath or declaration in compliance with pre-AIA 37 CFR 1.63 and pre-AIA 37 CFR 1.64.

To learn more:

• omitted drawings
• later filing date
• petition
• OPAP notice
• nonprovisional application