What happens if drawings are not received with a patent application?
If drawings are not received with a patent application, the following process occurs:
- The application is assigned a filing date if it meets the minimum requirements under 37 CFR 1.53(b) or 1.53(d).
- The Office of Patent Application Processing (OPAP) will send a Notice of Omitted Items giving the applicant a time period to file the missing drawings and a petition under 37 CFR 1.182 with the petition fee to have the filing date changed to the date of such filing.
- If the applicant does not respond to the Notice of Omitted Items, the application will be processed without the drawings.
As stated in the MPEP 507: ‘If drawings are not received with the application, the application is assigned a filing date and the applicant is notified to file drawings within a set time period.’
For more information on drawings, visit: drawings.
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
MPEP 507 - Drawing Review in the Office of Patent Application Processing,
Patent Law,
Patent Procedure