How does the USPTO handle patent applications filed without required drawings?

The USPTO has a specific process for handling patent applications filed without required drawings:

  1. The Office of Patent Application Processing (OPAP) reviews the application to determine if drawings are necessary under 35 U.S.C. 113.
  2. If drawings are required but missing, OPAP issues a Notice of Incomplete Application.
  3. The applicant is given a two-month period to submit the drawings and any required fees.
  4. If compliant drawings are received within this period, the application retains its original filing date.
  5. If drawings are not submitted or are non-compliant, the application may be treated as abandoned.

MPEP 601.01(f) states: ‘If the drawings are received within the two-month period and are acceptable, the USPTO will enter them into the application file and treat the application under 37 CFR 1.53(f) as having been filed on the date the initial submission was received in the USPTO.’

This process ensures that applications are complete and examiners have all necessary information to understand the invention.

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Topics: Patent Law, Patent Procedure
Tags: incomplete application, missing drawings, patent examination