What happens if drawings are omitted from a patent application?

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 omitted from a patent application, the consequences depend on whether the drawings are necessary for understanding the invention. According to MPEP 601.01(f):

“If drawings are necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, the application will be denied a filing date and the applicant will be notified that the application is incomplete.”

However, if the drawings are not necessary for understanding the invention, the application may still be given a filing date. The examiner will send a Notice of Omitted Items, giving the applicant two months to submit the missing drawings and avoid abandonment of the application.