Can a patent application filing date be restored if drawings are filed late?

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.

Yes, a patent application filing date can be restored if drawings are filed late, but only under specific conditions:

1. The applicant must file the drawings within two months of the filing date of the application or the date of a Notice of Incomplete Application, whichever is later.
2. The late submission must be accompanied by an oath or declaration specifically referencing the late-filed drawings.
3. The oath or declaration must state that the delay in filing the drawings was unintentional.

According to MPEP 601.01(f): ‘In design applications, drawings are the disclosure. As such, the application will not be given a filing date until the required drawings are filed.’

It’s important to note that for non-design applications, if the drawings are not necessary to understand the subject matter sought to be patented, the application may retain its original filing date even without the drawings.