What happens if drawings are required but not filed with a patent application?

If drawings are required for a patent application but not filed with the initial submission, the following process typically occurs:

• The Office will send a Notice of Incomplete Application to the applicant.
• The applicant will have two months from the filing date (or notice mail date, whichever is later) to file the drawings and pay any required fees.
• If compliant drawings are filed within this period, the application will receive the original filing date.
• Failure to submit the required drawings within the time period may result in the application being treated as abandoned.

As stated in MPEP 601.01(f): ‘If the Office of Patent Application Processing (OPAP) determines that the application does not contain drawings, although drawings are necessary under 35 U.S.C. 113 (first sentence) to understand the subject matter sought to be patented, applicant will be notified that drawings are required.’

To learn more:

• patent application
• drawings
• incomplete application
• filing date