What happens if the USPTO cannot locate a patent or application file?

If the USPTO cannot locate a file after a reasonable search, they will notify the applicant or patentee and set a time period for compliance. According to 37 CFR 1.251(a), the applicant or patentee must respond by:

• Providing a copy of their record of correspondence with the USPTO
• Producing their record for the USPTO to copy
• Stating that they do not possess any record of correspondence

The specific requirements are outlined in the notice and must be followed to avoid potential consequences.

To learn more:

• Unlocatable files
• USPTO procedures
• Patent correspondence
• Application reconstruction