How does the USPTO handle situations where an Office communication was lost or not received?
The USPTO has specific procedures for handling situations where an applicant claims that an Office communication was lost or not received. According to MPEP 711.03(c):
When the petitioner is a pro se applicant, the Office understands the petitioner may not have developed a formal docket record system for tracking correspondence. However, petitioner must provide some sort of showing explaining the manner in which petitioner receives mail from the USPTO, maintains files for patent matters, and treats mail received for such matters.
Key points in handling such situations include:
- Evidence of Non-Receipt: The applicant must provide evidence or a showing of non-receipt, such as a statement explaining their system for handling USPTO correspondence.
- USPTO Records: The Office will check its own mailing logs and records to verify if and when the communication was sent.
- Benefit of the Doubt: In many cases, especially for pro se applicants, the USPTO may give the benefit of the doubt to the applicant if there’s no evidence of actual receipt.
- Petition Process: Applicants typically file a petition to withdraw the holding of abandonment, explaining the circumstances of non-receipt.
If the USPTO determines that the Office communication was indeed not received or was lost, they may withdraw the holding of abandonment and reset the period for reply.
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