What happens if a nonprovisional application is filed without all pages of the specification?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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…