What are the options for accepting a patent application as deposited when drawings are missing?

When an applicant chooses to accept a patent application as deposited without all the drawings, they have two main options:

1. File an amendment to remove references to the missing drawings:
• Submit replacement drawing sheets to renumber the figures consecutively
• Amend the specification to remove references to omitted drawings and correct figure numbers
• Ensure compliance with 37 CFR 1.121(d) for drawing changes and 37 CFR 1.121(b)(3) and 1.125 for specification changes
2. File an amendment to add the missing figures by incorporation by reference:
• Rely on 37 CFR 1.57(b) if the application claims priority to a prior-filed application containing the omitted portion
• Submit new and replacement drawing sheets in compliance with 37 CFR 1.121(d)
• Ensure no new matter is added, as prohibited by 35 U.S.C. 132(a)

The MPEP states: Applicant may accept the application as deposited in the USPTO by either: (1) filing an amendment including replacement drawing sheets… (2) filing an amendment to add the missing figure(s) by relying on an incorporation by reference under 37 CFR 1.57(b) or other portions of the original disclosure, without adding any new matter

To learn more:

• missing drawings
• amendment
• incorporation by reference
• specification changes
• drawing changes