What happens if drawings are not received with a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 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
Tags: drawings