What should I do if I don’t have any record of correspondence with the USPTO for an unlocatable file?

If you don’t possess any record of correspondence with the USPTO for an application, patent, or other proceeding that is the subject of an unlocatable file notice, you must still respond to the notice. According to 37 CFR 1.251(a)(3):

If applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding, applicant or patentee must comply with a notice under this section by providing a statement that applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding.

It’s crucial to provide this statement within the specified time period to avoid potential negative consequences, such as abandonment of a pending application or limitations on the certified copy of a granted patent file that the USPTO can produce.

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Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: patent records, USPTO correspondence