How can an applicant correct a missing part in a patent application?

If a patent application is missing a required part, the applicant can correct the deficiency as follows:

• The USPTO will send a Notice of Missing Parts identifying the deficiency
• The applicant must submit the missing part within the time period specified in the notice (usually two months)
• A surcharge fee may be required along with the submission of the missing part
• For certain missing parts, like claims or drawings, a supplemental oath or declaration may be required for applications filed before September 16, 2012

The MPEP states: In such cases where the basic filing fee, the search fee, the examination fee, and the application size fee are paid, but additional fees are required, under 37 CFR 1.16, a notice is mailed by OPAP or the Technology Center (TC), requiring that the balance of the prescribed fee be paid.

It’s important to respond promptly to any Notice of Missing Parts to avoid abandonment of the application. If the applicant believes the part was not actually missing, they can file a petition for review of the Notice.

For more information on missing parts, visit: missing parts.