Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 500 - Receipt and Handling of Mail and Papers (1)
If a patent application is filed without all the pages of the specification, the USPTO will notify the applicant of the missing parts. The MPEP refers to this situation:
See MPEP § 601.01(d)-(g) where the application is filed without all the pages of the specification, without at least one claim (nonprovisional design application), without drawings, or without all the figures of the drawings.
For applications filed before September 16, 2012, a supplemental oath or declaration by the inventor may be required to identify the missing item and indicate that it accurately describes the invention. For applications filed on or after September 16, 2012, an additional oath or declaration is generally not required.
The applicant will be given a time period to submit the missing pages. If the missing pages are not submitted within the specified time, the application may be deemed incomplete and not accorded a filing date until the missing parts are received.
MPEP 506 - Completeness of Original Application (1)
If a patent application is filed without all the pages of the specification, the USPTO will notify the applicant of the missing parts. The MPEP refers to this situation:
See MPEP § 601.01(d)-(g) where the application is filed without all the pages of the specification, without at least one claim (nonprovisional design application), without drawings, or without all the figures of the drawings.
For applications filed before September 16, 2012, a supplemental oath or declaration by the inventor may be required to identify the missing item and indicate that it accurately describes the invention. For applications filed on or after September 16, 2012, an additional oath or declaration is generally not required.
The applicant will be given a time period to submit the missing pages. If the missing pages are not submitted within the specified time, the application may be deemed incomplete and not accorded a filing date until the missing parts are received.
Patent Law (3)
If a patent application is filed without all the pages of the specification, the USPTO will notify the applicant of the missing parts. The MPEP refers to this situation:
See MPEP § 601.01(d)-(g) where the application is filed without all the pages of the specification, without at least one claim (nonprovisional design application), without drawings, or without all the figures of the drawings.
For applications filed before September 16, 2012, a supplemental oath or declaration by the inventor may be required to identify the missing item and indicate that it accurately describes the invention. For applications filed on or after September 16, 2012, an additional oath or declaration is generally not required.
The applicant will be given a time period to submit the missing pages. If the missing pages are not submitted within the specified time, the application may be deemed incomplete and not accorded a filing date until the missing parts are received.
If a nonprovisional application is filed without all pages of the specification, but contains something that can be construed as a written description, the USPTO will take the following actions:
- Issue a Notice of Omitted Items indicating the application has been accorded a filing date but is missing some pages of the specification.
- Give the applicant an opportunity to either:
- Establish prior receipt of the missing pages
- Submit the omitted pages and request the later submission date as the filing date
- Accept the application as deposited without the missing pages
The USPTO states: The mailing of an OPAP notice regarding a missing page(s) of specification in a nonprovisional application will permit the applicant to: (A) promptly establish prior receipt in the USPTO of the page(s) at issue… (B) promptly submit the omitted page(s) in a nonprovisional application and accept the date of such submission as the application filing date… (C) accept the application as deposited in the USPTO…
To learn more:
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:
Patent Procedure (3)
If a patent application is filed without all the pages of the specification, the USPTO will notify the applicant of the missing parts. The MPEP refers to this situation:
See MPEP § 601.01(d)-(g) where the application is filed without all the pages of the specification, without at least one claim (nonprovisional design application), without drawings, or without all the figures of the drawings.
For applications filed before September 16, 2012, a supplemental oath or declaration by the inventor may be required to identify the missing item and indicate that it accurately describes the invention. For applications filed on or after September 16, 2012, an additional oath or declaration is generally not required.
The applicant will be given a time period to submit the missing pages. If the missing pages are not submitted within the specified time, the application may be deemed incomplete and not accorded a filing date until the missing parts are received.
If a nonprovisional application is filed without all pages of the specification, but contains something that can be construed as a written description, the USPTO will take the following actions:
- Issue a Notice of Omitted Items indicating the application has been accorded a filing date but is missing some pages of the specification.
- Give the applicant an opportunity to either:
- Establish prior receipt of the missing pages
- Submit the omitted pages and request the later submission date as the filing date
- Accept the application as deposited without the missing pages
The USPTO states: The mailing of an OPAP notice regarding a missing page(s) of specification in a nonprovisional application will permit the applicant to: (A) promptly establish prior receipt in the USPTO of the page(s) at issue… (B) promptly submit the omitted page(s) in a nonprovisional application and accept the date of such submission as the application filing date… (C) accept the application as deposited in the USPTO…
To learn more:
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: