What happens if a nonprovisional application is filed without all pages of the specification?
If a nonprovisional application is filed without all pages of the specification, but contains something that can be construed as a written description, the USPTO will take the following actions:
- Issue a Notice of Omitted Items indicating the application has been accorded a filing date but is missing some pages of the specification.
- Give the applicant an opportunity to either:
- Establish prior receipt of the missing pages
- Submit the omitted pages and request the later submission date as the filing date
- Accept the application as deposited without the missing pages
The USPTO states: The mailing of an OPAP notice regarding a missing page(s) of specification in a nonprovisional application will permit the applicant to: (A) promptly establish prior receipt in the USPTO of the page(s) at issue… (B) promptly submit the omitted page(s) in a nonprovisional application and accept the date of such submission as the application filing date… (C) accept the application as deposited in the USPTO…
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Topics:
Patent Law,
Patent Procedure