Law - Filing of Missing Parts of U.S. Application

It is sometimes the case that a U.S. patent application is filed without all of its required parts. In some cases, it is possible to file certain of the missing parts later without losing the original filing date. This is important in those situations where loss of the original filing date would threaten the patentability of the invention. The last day the missing parts of a U.S. patent application can be filed is the mailing date of the notice plus 2 months. The response period may be extended by up to 5 months by paying extension fees, however, in no case can the period exceed 6 months.

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 601.01 - Complete Application
MPEP 601.01(a) - Nonprovisional Applications Filed Under 35 U.S.C. 111(a)
MPEP 601.01(b) - Provisional Applications Filed Under 35 U.S.C. 111(b)
MPEP 601.01(d) - Application Filed Without All Pages of Specification
MPEP 601.01(e) - Nonprovisional Application Filed Without At Least One Claim
MPEP 601.01(f) - Applications Filed Without Drawings
MPEP 601.01(g) - Applications Filed Without All Figures of Drawings

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