What are the consequences of failing to respond to an OPAP notice regarding missing drawings?
Failing to respond to an Office of Patent Application Processing (OPAP) notice regarding missing drawings can have serious consequences for a patent application. The outcomes differ depending on whether the application is nonprovisional or provisional:
For Nonprovisional Applications:
The MPEP clearly states: Failure to timely reply to the OPAP notice in a nonprovisional application will result in abandonment of the application.
This means:
- The application will be considered abandoned
- The applicant will lose their filing date
- To continue pursuing patent protection, the applicant would need to file a new application or petition to revive the abandoned application
For Provisional Applications:
The consequences are less severe for provisional applications. The MPEP notes: For provisional applications in which applicant accepts the application as deposited by failing to timely file a petition in response to an OPAP notice regarding omitted items, if the provisional application is complete under 37 CFR 1.51(c), it will be held in the Office’s Image File Wrapper (IFW) system and automatically abandoned at the end of its pendency period.
This means:
- The provisional application remains on file for its 12-month pendency period
- It can still serve as a priority document for a later-filed nonprovisional application
- However, the missing drawings will not be part of the application’s disclosure
It’s crucial for applicants to carefully review and respond to any OPAP notices to avoid potential loss of rights or limited disclosure in their patent applications.
To learn more: