What are the consequences of not responding to a notice about an unlocatable file?

The consequences of not responding to a notice about an unlocatable file differ for pending applications and granted patents:

• For pending applications: According to 37 CFR 1.251(b), failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the application.
• For granted patents: While the patent won’t expire, the MPEP states that the only certified copy of the patent file that the Office will be able to produce will be a copy of the patent and a copy of the application-as-filed (which may have an adverse impact during attempts to enforce the patent).

Additionally, for patents involved in USPTO proceedings, the Office may take action under 37 CFR 41.128 or 37 CFR 11.18.

To learn more:

• Patent abandonment
• USPTO procedures
• Patent enforcement
• Application consequences