What happens if a patent application is missing an abstract?

If a patent application is missing an abstract, the following actions will be taken:

• For applications filed under 35 U.S.C. 111(a), the Office of Patent Application Processing (OPAP) will review for compliance and require an abstract if one has not been filed.
• For all other applications lacking an abstract, the examiner will require the submission of an abstract in the first Office action.

The MPEP states: The Office of Patent Application Processing (OPAP) will review all applications filed under 35 U.S.C. 111(a) for compliance with 37 CFR 1.72 and will require an abstract, if one has not been filed. In all other applications which lack an abstract, the examiner in the first Office action should require the submission of an abstract directed to the technical disclosure in the specification.

To learn more:

• missing patent abstract
• patent application process
• USPTO requirements
• Office action