What happens if replacement drawings are not received by the USPTO?
If an applicant files an amendment stating that replacement sheets of drawings are included, but these drawings are not found in the Image File Wrapper (IFW), the examiner must take specific action. According to MPEP 608.02(h):
“When an amendment is filed stating that replacement sheets of drawings are filed with the amendment and such drawings are not in the IFW, in the next communication by the examiner, the applicant must be notified that replacement drawings do not appear to have been received and thus have not been entered in the application.”
This notification ensures that the applicant is aware of the missing drawings and can take appropriate action to submit them. It’s important to note that the USPTO will not return drawings to the applicant, as stated in MPEP § 608.02(y).
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