Can an applicant submit missing parts of an application after the filing date?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an applicant can submit missing parts of an application after the filing date, but this may affect the application’s effective filing date. The MPEP 506 states:

Such portion must be filed within the time period set by the Office in the notification by the Office of the omitted portion, or the application will be regarded as abandoned.

It’s important to note that submitting missing parts may result in a later effective filing date for the application, which could have implications for patent term and prior art considerations. Applicants should strive to submit complete applications initially to avoid potential complications.

For more information on effective filing date, visit: effective filing date.

For more information on missing parts, visit: missing parts.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers MPEP 506 - Completeness of Original Application Patent Law Patent Procedure
Tags: App Types Nonprovisional, Application Types, Fees 1 16, Filing Date Components, Provisional Requirements