What happens if the USPTO cannot locate a patent or application file?
If the USPTO cannot locate a file after a reasonable search, they will notify the applicant or patentee and set a time period for compliance. According to 37 CFR 1.251(a), the applicant or patentee must respond by: Providing a copy of their record of correspondence with the USPTO Producing their record for the USPTO to…
Read MoreDo I need to provide copies of U.S. patent documents when responding to an unlocatable file notice?
No, you do not need to provide copies of U.S. patent documents when responding to an unlocatable file notice. The MPEP clearly states: Since the Office can obtain copies of U.S. patent documents (U.S. patent application publications and patents) from its internal databases, the Office is not requiring applicants or patentees to provide copies of…
Read More