Comments on: Q) Omitted Items (10.02.34a)

By: qwacker

qwacker — Thu, 27 Oct 2011 03:28:27 +0000

Indeed, why not file a complete nonprovisional and claim priority to the provisional. The missing page will have the later filing date, but the rest of the app will claim to the provisional’s filing date. I can’t think of a need to correct a provisional with a missing page.

By: qwacker

qwacker — Thu, 27 Oct 2011 03:26:42 +0000

It’s an important concept if you’re looking at a reference dated between the original filing and the date of submission of the omitted page.

By: SoBe

SoBe — Tue, 11 Oct 2011 22:08:56 +0000

601.01(d)Application Filed Without AllPages of Specification
I.APPLICATION ENTITLED TO FILING DATE
(C) (2)
…”Likewise, in view of the relatively low filing fee for provisional applications, and the USPTO’s desire to minimize the processing of provisional applications, the USPTO will not grant petitions under 37 CFR 1.182 to accept omitted page(s) and accord an application filing date as of the date of such submission in provisional applications. The applicant should simply file a new completed provisional application.”

By: fengyuwuzu

fengyuwuzu — Tue, 11 Oct 2011 18:47:56 +0000

about your note: where is MPEP says that “you MUST make a new provisional application”?

By: patenttips

patenttips — Tue, 22 Mar 2011 23:21:00 +0000

B doesn’t seem to be the best choice. A is correct and E is good but not within the time period.

**Note, this is a non-provisional, there is another question that asks about missing drawing in a provisional. You can not file petition in a provisional to get an earlier date, instead, you MUST make a new provisional application.

By: Jeff

Jeff — Fri, 16 Apr 2010 04:14:40 +0000

This has to be one of the most nit-picky questions in the old exams if the answer hinges on the inclusion of “must” in the answer.

By: Peter

Peter — Sat, 10 Apr 2010 17:53:53 +0000

I struggled with this same question. I think B wrong because it does not further specify “An applicant desiring to submit the omitted page(s) in a nonprovisional application and accept the date of such submission as the application filing date must, within 2 months from the date of the “Notice of Omitted Item(s),” file any omitted page(s) with an oath or declaration in compliance with 37 CFR 1.63 and 37 CFR 1.64 referring to such page(s) and a petition under 37 CFR 1.182 with the petition fee set forth in 37 CFR 1.17(f)”

By: DY

DY — Sun, 14 Mar 2010 18:35:05 +0000

Jane “must” promptly submit the omitted page and accept an application filing date as of the date of submission of the omitted page.

As 601.01(d) indicates an option between A) or B), it makes “must” a wrong choice.

By: S

Sat, 13 Mar 2010 18:15:34 +0000

I know that A is correct but I think B should also be the correct answer because according to 601.01(d),

“The mailing of a “Notice of Omitted Items” will permit the applicant to either:
A) Promptly establish prior receipt in the PTO of the page(s) at issue

B) Promptly submit the omitted page(s) in a NPA and accept the date of such submission as the application filing date.

I think the B choice of the above choices fulfills the second choice.
What am I missing here?

By: triedandtested

triedandtested — Wed, 24 Jun 2009 00:54:02 +0000

E is wrong because the 3 month time is 2 late (You have to respond within 2 months for notice of omitted items)