What happens if a nonprovisional application is filed without drawings but they are necessary?

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.

If a nonprovisional application is filed without drawings, but drawings are necessary for understanding the subject matter sought to be patented, the USPTO will send a Notice of Incomplete Application. The MPEP states:

If drawings are necessary under 35 U.S.C. 113 (first sentence) and are omitted on filing, the Office will send a Notice of Incomplete Application indicating that drawings are required and setting a time period within which the applicant must submit the omitted drawings to avoid abandonment.

The applicant must then submit the required drawings within the specified time period to avoid abandonment of the application. It’s important to note that the filing date of the application will be the date on which the drawings are received by the USPTO, not the original filing date.

For more information, refer to MPEP 601.01(a).