How does the USPTO handle patent applications with missing essential information?
The USPTO handles patent applications with missing essential information by typically rejecting them under the enablement requirement of 35 U.S.C. 112(a). If crucial information is missing, the application may not enable a person skilled in the art to make and use the invention without undue experimentation.
MPEP 2164.06(a) provides guidance on this issue:
“A disclosure that does not meet the enablement requirement may be rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, for lack of enablement.”
The examiner will evaluate the application to determine if the missing information is essential and if its absence would require undue experimentation to practice the invention. If so, a rejection will be issued, giving the applicant an opportunity to amend the application or provide arguments against the rejection.
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