What happens if the USPTO cannot locate a patent or application file?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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 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.
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers
Patent Law
Patent Procedure