Do I need to provide copies of U.S. patent documents when responding to an unlocatable file notice?

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.

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 U.S. patent application publications and patents that are among the applicant’s or patentee’s record of the correspondence between the Office and the applicant or patentee for the application, patent, or other proceeding.

However, you must provide copies of all other correspondence and documents, including any appendix or information disclosure statement submitted with the application, unless specifically exempted in the notice.