How are provisional patent applications handled when drawings are missing?

The handling of provisional patent applications with missing drawings differs from nonprovisional applications. For provisional applications:

• The USPTO does not grant petitions under 37 CFR 1.182 to accept omitted drawings and accord a later filing date
• Applicants are advised to file a new, complete provisional application instead
• Upon receiving an OPAP notice about missing drawings, applicants have two options:
1. File a petition under 37 CFR 1.53(e) with evidence to establish prior receipt of the drawings
2. Accept the application as deposited by not responding to the notice

The MPEP states: The USPTO will not grant petitions under 37 CFR 1.182 to accept omitted drawing(s) and accord an application filing date as of the date of such submission in provisional applications. The applicant should simply file a new completed provisional application.

If the applicant doesn’t respond to the OPAP notice and the provisional application is otherwise complete under 37 CFR 1.51(c), it will be held in the USPTO’s Image File Wrapper (IFW) system and automatically abandoned at the end of its pendency period.

To learn more:

• provisional application
• missing drawings
• OPAP notice
• prior receipt
• application abandonment