37 CFR § 1.251 — Unlocatable file. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.251 Unlocatable file.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.251, including 28 rules 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.
Summary
This section provides detailed procedures for handling unlocatable patent and application files, including notification requirements and compliance obligations as outlined in MPEP 3737 CFR 1.251.
What this section covers
- Defines the procedures for handling unlocatable patent and application files, including notification requirements.
Key obligations
- Requires the Office to notify the applicant or patentee when a file cannot be located after a reasonable search.
- Requires the applicant or patentee to provide a copy of their record of correspondence with the Office if they possess it.
- Outlines the compliance obligations for handling unlocatable files, including producing records of correspondence if available.
Practice notes
- Ensure thorough documentation of the search process and include all necessary documentation with the notification.
- Avoid common pitfalls such as failing to document the search process and ensure all required elements are included in the notification.
Official MPEP § 1.251 — Unlocatable file.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.251 Unlocatable file.
- (a) In the event that the Office cannot locate the
file of an application, patent, or other patent-related proceeding
after a reasonable search, the Office will notify the applicant or
patentee and set a time period within which the applicant or
patentee must comply with the notice in accordance with one of
paragraphs (a)(1), (a)(2), or (a)(3) of this section.
- (1) Applicant or patentee may comply with a
notice under this section by providing:
- (i) A copy of the applicant’s or patentee’s record (if any) of all of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding (except for U.S. patent documents);
- (ii) A list of such correspondence; and
- (iii) A statement that the copy is a complete and accurate copy of the applicant’s or patentee’s record of all of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding (except for U.S. patent documents), and whether applicant or patentee is aware of any correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding that is not among applicant’s or patentee’s records.
- (2) Applicant or patentee may comply with a
notice under this section by:
- (i) Producing the applicant’s or patentee’s record (if any) of all of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding for the Office to copy (except for U.S. patent documents); and
- (ii) Providing a statement that the papers produced by applicant or patentee are applicant’s or patentee’s complete record of all of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding (except for U.S. patent documents), and whether applicant or patentee is aware of any correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding that is not among applicant’s or patentee’s records.
- (3) If applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding, applicant or patentee must comply with a notice under this section by providing a statement that applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding.
- (1) Applicant or patentee may comply with a
notice under this section by providing:
- (b) With regard to a pending application, failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the application.
[Added, 65 FR 69446, Nov. 17, 2000, effective Nov. 17, 2000]
- Certified Copies
- Examination Procedure
- Examiner Interviews
- Interview Participation
- Patent Term
- Patent Term Adjustment
- Reissue
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- Reply Period
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- Statutory Period
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| MPEP Section | Rules |
|---|---|
| MPEP § 2732 | |
| MPEP § 508.04 |