What options does an applicant have if notified of missing items in their application?

If an applicant is notified of missing items in their application, they generally have the following options:

1. Establish prior receipt of the missing items in the USPTO
2. Submit the missing items and request a later filing date
3. Accept the application as deposited without the missing items

The USPTO states: The mailing of an OPAP notice regarding a missing page(s) of specification in a nonprovisional application will permit the applicant to:

• (A) promptly establish prior receipt in the USPTO of the page(s) at issue…
• (B) promptly submit the omitted page(s) in a nonprovisional application and accept the date of such submission as the application filing date…
• (C) accept the application as deposited in the USPTO…

For each option, specific procedures and requirements must be followed. For example, to establish prior receipt, the applicant must file a petition with evidence such as a date-stamped postcard receipt. To submit missing items and request a later filing date, a petition with the required fee must be filed. To accept the application as deposited, the applicant may need to file amendments to the specification or claims.

The specific actions required depend on the type of missing item and the circumstances of the application. Applicants should carefully review the notice and the relevant MPEP sections to determine the best course of action.

To learn more:

• missing items
• incomplete application
• filing date
• patent application procedure