What are the time limits for responding to a notice about an unlocatable file?

The USPTO sets specific time limits for responding to notices about unlocatable files, which differ for applications and patents:

For applications, the MPEP states: The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.

For patents, the time limit is longer: The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent because 35 U.S.C. 41(a)(8) only authorizes the Office to charge fees for extensions of time in proceedings involving an application.

It’s important to note that failing to reply within these time limits can have serious consequences, including abandonment of pending applications.

For more information on patent applications, visit: patent applications.

For more information on Time Limits, visit: Time Limits.