What happens if the USPTO cannot locate a patent or application file?
If the USPTO cannot locate a file after a reasonable search, they will notify the applicant or patentee and set a time period for compliance. According to 37 CFR 1.251(a), the applicant or patentee must respond by:
- Providing a copy of their record of correspondence with the USPTO
- Producing their record for the USPTO to copy
- Stating that they do not possess any record of correspondence
The specific requirements are outlined in the notice and must be followed to avoid potential consequences.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure