How does the USPTO determine if a patent application is incomplete?

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.

The USPTO determines if a patent application is incomplete by reviewing the submitted materials against the required components for a complete application. According to MPEP 203.06:

An application that is not entitled to a filing date (e.g., for lacking some of the essential parts) is termed an incomplete application.

The process typically involves:

• Initial review by USPTO staff
• Checking for presence of all required documents and fees
• Verifying that the application meets minimum requirements for obtaining a filing date
• Issuing a notice of missing parts if deficiencies are found

For detailed information on the requirements, refer to MPEP 506 and MPEP 601, which provide guidance on completeness criteria and filing procedures.