What is the examiner’s role in reviewing applications for missing drawings?

Examiners play a crucial role in identifying and addressing missing drawings that may have been overlooked during initial processing. The examiner’s responsibilities include:

1. Reviewing the application to determine if all referenced drawings are present
2. Assessing whether the application is entitled to a filing date based on its completeness
3. Notifying the applicant of any omissions in the next Office action
4. Providing options for the applicant to address the missing drawings

The MPEP states: If it is discovered that an application that was forwarded for examination was filed without all of the drawing figure(s) referred to in the specification, and a Notice of Omitted Items or other OPAP notice regarding omitted items has not been mailed by OPAP, the examiner should review the application to determine whether the application is entitled to a filing date

For applications filed under 35 U.S.C. 111(a) prior to December 18, 2013, or design applications, the examiner must ensure that the application contains:

• Something that can be construed as a written description
• At least one drawing figure (if necessary under 35 U.S.C. 113, first sentence)
• At least one claim

For non-design applications filed on or after December 18, 2013, the application must contain a specification, with or without drawings, to be entitled to a filing date.

To learn more:

• examiner review
• missing drawings
• filing date
• application completeness
• Office action