How does the USPTO handle missing documents from an application file?
The USPTO has a specific procedure for handling missing documents from an application file. According to the MPEP:
When a document is missing from an application, Office practice is to call the applicant’s representative and request submission (generally by facsimile) of a copy of the missing document.
This informal approach is the primary method used by the USPTO to address missing documents. However, if this informal method is unsuccessful, the Office may resort to more formal measures:
While the Office will generally treat missing documents in this relatively informal manner (rather than issuing a notice under 37 CFR 1.251), the Office may issue a notice under 37 CFR 1.251 to obtain a copy of a missing document if the Office’s informal attempts to obtain a copy of the document are unsuccessful.
It’s important for applicants and their representatives to promptly respond to such informal requests to avoid more formal procedures and potential delays in application processing.
To learn more: