What is a Notice of Omitted Items in patent applications?
A Notice of Omitted Items is an official communication from the USPTO regarding missing elements in a patent application. As described in MPEP 601.01(f): “If drawings are omitted in an application filed under 35 U.S.C. 111(a) on or after December 18, 2013, but the application contains something that can be construed as a written description,…
Read MoreWhat happens if a nonprovisional application is filed without all pages of the specification?
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…
Read MoreHow can an applicant respond to a Notice of Omitted Items for missing specification pages?
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…
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