Patent Law FAQ

When the USPTO cannot locate a patent or application file after a reasonable search, they follow the procedure outlined in 37 CFR 1.251. The key steps are:

1. The Office notifies the applicant or patentee about the unlocatable file.
2. A time period is set for the applicant or patentee to comply with the notice.
3. The applicant or patentee must respond by either:
   • Providing a copy of their record of all correspondence with the Office (except U.S. patent documents)
   • Producing their record for the Office to copy
   • Stating that they do not possess any record of the correspondence

As stated in MPEP 508.04, “37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.”

When a patent or application file cannot be located after a reasonable search, the USPTO has a specific procedure outlined in 37 CFR 1.251. The Office will notify the applicant or patentee and set a time period for compliance with one of the following options:

• Provide a copy of all correspondence records between the Office and the applicant/patentee, along with a list and a statement of completeness.
• Produce the applicant’s/patentee’s records for the Office to copy, along with a statement of completeness.
• If no records are possessed, provide a statement to that effect.

The MPEP states, 37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.

For pending applications, failure to comply within the set time period will result in abandonment of the application.

For more information on file reconstruction, visit: file reconstruction.

For more information on USPTO procedures, visit: USPTO procedures.

The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent:

• For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
• For patents: The Office sets a six-month period for reply, which is not extendable.

MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.”

When the USPTO cannot locate a patent or application file after a reasonable search, they follow the procedure outlined in 37 CFR 1.251. The key steps are:

1. The Office notifies the applicant or patentee about the unlocatable file.
2. A time period is set for the applicant or patentee to comply with the notice.
3. The applicant or patentee must respond by either:
   • Providing a copy of their record of all correspondence with the Office (except U.S. patent documents)
   • Producing their record for the Office to copy
   • Stating that they do not possess any record of the correspondence

As stated in MPEP 508.04, “37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.”

When a patent or application file cannot be located after a reasonable search, the USPTO has a specific procedure outlined in 37 CFR 1.251. The Office will notify the applicant or patentee and set a time period for compliance with one of the following options:

• Provide a copy of all correspondence records between the Office and the applicant/patentee, along with a list and a statement of completeness.
• Produce the applicant’s/patentee’s records for the Office to copy, along with a statement of completeness.
• If no records are possessed, provide a statement to that effect.

The MPEP states, 37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.

For pending applications, failure to comply within the set time period will result in abandonment of the application.

For more information on file reconstruction, visit: file reconstruction.

For more information on USPTO procedures, visit: USPTO procedures.

The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent:

• For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
• For patents: The Office sets a six-month period for reply, which is not extendable.

MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.”

When the USPTO cannot locate a patent or application file after a reasonable search, they follow the procedure outlined in 37 CFR 1.251. The key steps are:

1. The Office notifies the applicant or patentee about the unlocatable file.
2. A time period is set for the applicant or patentee to comply with the notice.
3. The applicant or patentee must respond by either:
   • Providing a copy of their record of all correspondence with the Office (except U.S. patent documents)
   • Producing their record for the Office to copy
   • Stating that they do not possess any record of the correspondence

As stated in MPEP 508.04, “37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.”

When a patent or application file cannot be located after a reasonable search, the USPTO has a specific procedure outlined in 37 CFR 1.251. The Office will notify the applicant or patentee and set a time period for compliance with one of the following options:

• Provide a copy of all correspondence records between the Office and the applicant/patentee, along with a list and a statement of completeness.
• Produce the applicant’s/patentee’s records for the Office to copy, along with a statement of completeness.
• If no records are possessed, provide a statement to that effect.

The MPEP states, 37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.

For pending applications, failure to comply within the set time period will result in abandonment of the application.

For more information on file reconstruction, visit: file reconstruction.

For more information on USPTO procedures, visit: USPTO procedures.

The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent:

• For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
• For patents: The Office sets a six-month period for reply, which is not extendable.

MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.”

When the USPTO cannot locate a patent or application file after a reasonable search, they follow the procedure outlined in 37 CFR 1.251. The key steps are:

1. The Office notifies the applicant or patentee about the unlocatable file.
2. A time period is set for the applicant or patentee to comply with the notice.
3. The applicant or patentee must respond by either:
   • Providing a copy of their record of all correspondence with the Office (except U.S. patent documents)
   • Producing their record for the Office to copy
   • Stating that they do not possess any record of the correspondence

As stated in MPEP 508.04, “37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.”

When a patent or application file cannot be located after a reasonable search, the USPTO has a specific procedure outlined in 37 CFR 1.251. The Office will notify the applicant or patentee and set a time period for compliance with one of the following options:

• Provide a copy of all correspondence records between the Office and the applicant/patentee, along with a list and a statement of completeness.
• Produce the applicant’s/patentee’s records for the Office to copy, along with a statement of completeness.
• If no records are possessed, provide a statement to that effect.

The MPEP states, 37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.

For pending applications, failure to comply within the set time period will result in abandonment of the application.

For more information on file reconstruction, visit: file reconstruction.

For more information on USPTO procedures, visit: USPTO procedures.

The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent:

• For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
• For patents: The Office sets a six-month period for reply, which is not extendable.

MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.”