What is the procedure when a patent or application file becomes unlocatable?

When a patent or application file cannot be located after a reasonable search, the USPTO has a specific procedure outlined in 37 CFR 1.251. The Office will notify the applicant or patentee and set a time period for compliance with one of the following options:

• Provide a copy of all correspondence records between the Office and the applicant/patentee, along with a list and a statement of completeness.
• Produce the applicant’s/patentee’s records for the Office to copy, along with a statement of completeness.
• If no records are possessed, provide a statement to that effect.

The MPEP states, 37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.

For pending applications, failure to comply within the set time period will result in abandonment of the application.

For more information on file reconstruction, visit: file reconstruction.

For more information on USPTO procedures, visit: USPTO procedures.