Are drawings required for a patent application to receive a filing date under the new rules?
For applications filed on or after December 18, 2013, drawings are not required to receive a filing date, except for design patent applications. However, it’s important to note that drawings may still be necessary for understanding the invention.
The MPEP clarifies: Also, for applications filed on or after December 18, 2013, an application (other than an application for a design patent) is not required to include any drawings to be entitled to a filing date. It should be noted, however, 35 U.S.C. 111(a)(2) continues to require the application to include a drawing as prescribed by 35 U.S.C. 113, which requires a drawing where necessary for the understanding of the subject matter sought to be patented.
(MPEP § 702)
While not required for a filing date, including necessary drawings with the application is still considered best practice: The preparation of drawings for a provisional or nonprovisional application is prudent where a drawing is necessary for the understanding of the subject matter sought to be patented, and inclusion of such drawing(s) with the application on filing will help ensure that the requirements of 35 U.S.C. 113 are satisfied for any such claimed invention.
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