What is an incomplete patent application?

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.

An incomplete patent application is one that is not entitled to a filing date because it lacks some of the essential parts required by the United States Patent and Trademark Office (USPTO). As stated in MPEP 203.06:

An application that is not entitled to a filing date (e.g., for lacking some of the essential parts) is termed an incomplete application.

This means that the application is missing crucial components necessary for it to be considered a complete submission and to receive an official filing date from the USPTO.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case