What is the procedure when a patent or application file becomes unlocatable?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 1 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When a patent or application file cannot be located after a reasonable search, the USPTO has a specific procedure outlined in 37 CFR 1.251 . The Office will notify the applicant or patentee and set a time period for compliance with one of the following options: Provide a copy of all correspondence records between the Office and the applicant/patentee, along with a list and a statement of completeness. Produce the applicant’s/patentee’s records for the Office to copy, along with a statement of completeness. If no records are possessed, provide a statement to that effect. The MPEP states, 37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search. For pending applications, failure to comply within the set time period will result in abandonment of the application. For more information on file reconstruction, visit: file reconstruction . For more information on USPTO procedures, visit: USPTO procedures . Related Rules from the Manual of Patent Examining Procedure 1 rules Collapse Requirement for Handling Models, Exhibits, and Specimens MPEP 508 Other Related FAQs 5 FAQs Collapse What is the procedure when the USPTO cannot locate a patent or application file? What happens to papers received after a patent is granted or an application is abandoned? How are patent applications initially processed by the USPTO? What are the time limits for responding to a notice under 37 CFR 1.251? What are the consequences of failing to respond to a 37 CFR 1.251 notice?