Can a reissue application be granted a filing date without all required documents?
Yes, according to MPEP 1403, a reissue application can be granted a filing date even if certain documents or fees are missing. The MPEP states: “A reissue application can be granted a filing date without an oath or declaration, or without the basic filing fee, search fee, or examination fee being present. See 37 CFR…
Read MoreWhat happens if the required translation or statement is missing for a non-English provisional application?
If the required translation or statement is missing for a non-English provisional application, the following consequences apply: The USPTO will issue a notice stating that the required documents are missing. The applicant must supply the missing translation and/or statement in the provisional application. The applicant must provide confirmation in the present application that the translation…
Read MoreWhat action does the USPTO take if the required documents for a non-English provisional application are missing?
When the required documents for a non-English provisional application are missing, the USPTO takes specific actions to notify the applicant. According to MPEP ¶ 2.38: “Use this form paragraph to notify applicant that an English translation of the non-English language provisional application and/or a statement that the translation is accurate is required.” The USPTO will…
Read MoreHow does the USPTO handle missing documents from an application file?
The USPTO has a specific procedure for handling missing documents from an application file. According to the MPEP: When a document is missing from an application, Office practice is to call the applicant’s representative and request submission (generally by facsimile) of a copy of the missing document. This informal approach is the primary method used…
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