Legal Definitions - notice of incomplete application

A notice of incomplete application is an official communication sent by the U.S. Patent and Trademark Office (USPTO) to an individual or entity that has submitted a patent application. This notice indicates that the application package is missing one or more essential components required for it to be formally processed and examined.

When an application is deemed incomplete, the USPTO typically provides the applicant with a specific timeframe, often two months, to submit the missing documents or fees. Failure to respond to this notice and complete the application within the given period can lead to the application being abandoned, meaning it will not be examined for patentability.

Here are some examples illustrating when a notice of incomplete application might be issued:

• Missing Technical Drawings: An independent inventor, Sarah, develops a novel ergonomic kitchen utensil. She meticulously drafts the patent claims and description but, in her haste to file, accidentally omits the required set of detailed technical drawings that visually explain her invention. The USPTO would then send her a notice of incomplete application, informing her that the drawings are missing and giving her a deadline to submit them to avoid the application being abandoned.

• Unsigned Inventor's Declaration: A biotechnology company, BioGen Innovations, files a non-provisional patent application for a new gene-editing technique. While all the technical specifications and claims are included, the legal department overlooks obtaining the signed inventor's declaration from one of the lead scientists involved in the invention. The USPTO would issue a notice of incomplete application, prompting BioGen Innovations to secure and submit the missing declaration within the specified timeframe to ensure the application proceeds.

• Insufficient Filing Fee: Mark, a first-time applicant, submits an application for a unique smartphone accessory. He correctly includes all the written descriptions and drawings but mistakenly calculates the filing fee, submitting an amount less than what is required by the U.S. Patent and Trademark Office. The USPTO would then send him a notice of incomplete application, indicating the shortfall in the filing fee and requiring him to pay the remaining balance within a set period to prevent his application from being considered incomplete and potentially abandoned.