What happens if a patent application is missing essential parts?

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 patent application is missing essential parts, such as the specification, drawings, or claims, the USPTO will notify the applicant of the missing elements. According to MPEP 506:

‘Applicant will be notified of the incomplete application and the time period set for submitting the omitted parts.’

The applicant will then have an opportunity to submit the missing parts within the specified time period to complete the application.

For more information on incomplete application, visit: incomplete application.

For more information on missing parts, visit: missing parts.

For more information on patent application requirements, visit: patent application requirements.