What are the consequences of filing a nonprovisional application without drawings?
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.
Filing a nonprovisional application without drawings can have significant consequences:
- The application may be considered incomplete.
- It may not receive a filing date.
- The applicant will be notified of the deficiency.
As stated in MPEP 601.01(a): ‘If the specification of a nonprovisional application does not include at least one drawing, if necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, and at least one drawing is necessary under 35 U.S.C. 113, the Office of Patent Application Processing (OPAP) will send a notice requiring drawings and a time period within which drawings must be filed in order to avoid abandonment.’
It’s important to note that drawings are required when necessary to understand the invention. If drawings are not necessary, the application can proceed without them.