What is a Notice of Omitted Items in patent applications?

A Notice of Omitted Items is an official communication from the USPTO regarding missing elements in a patent application. As described in MPEP 601.01(f):

“If drawings are omitted in an application filed under 35 U.S.C. 111(a) on or after December 18, 2013, but the application contains something that can be construed as a written description, at least one drawing, if necessary under 35 U.S.C. 113 (first sentence), and, in a nonprovisional application, at least one claim, the Office will not deny a filing date.”

In such cases, the USPTO will issue a Notice of Omitted Items, informing the applicant of the missing drawings and providing a two-month period to submit them. This notice is crucial as it sets the deadline for completing the application and avoiding abandonment.

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Topics: Patent Law, Patent Procedure
Tags: missing drawings