How can an applicant respond to a Notice of Omitted Items for missing specification pages?
When an applicant receives a Notice of Omitted Items for missing specification pages, they have several options to respond:
- Submit the omitted pages: The applicant can submit the missing pages within the given time period.
- Assert no omission occurred: If the applicant believes no pages were actually omitted, they can state this in writing.
- Rely on incorporation by reference: If the application claims priority to a prior-filed application containing the omitted material, the applicant can rely on incorporation by reference.
The MPEP 601.01(d) states:
If applicant contends that the omitted pages were in fact deposited in the USPTO with the application papers, applicant must file a petition to establish the filing date of the omitted pages. Such a petition would normally be granted only if: (A) the USPTO received and date-stamped the pages in question on the date of deposit; or (B) applicant has produced an itemized postcard receipt which specifically lists the omitted pages as having been deposited on the missing parts’ due date.
It’s crucial to respond within the given time period to avoid potential issues with the application’s filing date.
To learn more: