How does the USPTO handle applications filed with missing parts?

When an application is filed with missing parts, the USPTO follows these procedures:

  1. If the application meets minimum requirements for a filing date, it will be assigned one.
  2. A Notice to File Missing Parts will be issued, detailing the missing items.
  3. Applicants must submit missing items along with any required surcharges within the specified time period.
  4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
  5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, MPEP 503 - Application Number and Filing Receipt, Patent Law, Patent Procedure
Tags: foreign priority claims, missing parts, Notice to File Missing Parts, oath or declaration, surcharge