Missing Parts Notice

[IPHummer]

Dear Members,

I want to know the procedure to respond to Missing Parts Notice from USPTO.  The missing parts that need to be submitted are filing fee,  replacement drawings, sequence listing, and signed inventorship declaration.

Can someone tell me-
1.   What would be the reasonable attorney fee for this job?
2.    Can Institute or inventor himself submit the required information without actually going through the attorney or USPTO won’t allow and accept?
3.   Can I buy 2 months worth of additional time now and buy additional months later if required to respond to the Missing Parts notice?

I will appreciate any feedback I can get in response.  Thanks in advance!

NK

[Jonathan]

1. I think it is more a time factor and the bill will be determined on the amount of time spent. So, reasonable is probably 1 hour max. Perhaps the attorney will prepare everything himself, if he/she is a 1-man shop. Replacement drawings kind of throws things off, though. If a draftperson is employed to generate new drawings, things can get fairly expensive. But maybe the attorney can fix things, thus making it a little cheaper.

2. Yes, an institute or inventor can do all that. But, you run the risk of maybe not doing things properly whereas an attorney does this stuff all the time and knows how to do it, and do it efficiently.

3. I don't recall if you can get extra time so I will leave it to someone else to answer.

[vman11]

3.   Can I buy 2 months worth of additional time now and buy additional months later if required to respond to the Missing Parts notice?

2 months regular time + 5 months maximum lateness allowed, provided you pay the late fees = total 7 months. Note this is from the date on the missing parts notice (issue date of the notice), not the date you actually get the notice.

No Mr. Gupta, I would recommend that you do not attempt to file a response on your own, given there's a sequence listing involved and drawings you have to submit. And amount of time that is justifiable depends on what you are claiming and whats in your patent application AND how badly it is f*cked up. It's usually tougher to fix f'ed up applications than write up new ones.

[ChrisWhewell]

Dear Members,

I want to know the procedure to respond to Missing Parts Notice from USPTO.  The missing parts that need to be submitted are filing fee,  replacement drawings, sequence listing, and signed inventorship declaration.

Can someone tell me-
1.   What would be the reasonable attorney fee for this job?
2.    Can Institute or inventor himself submit the required information without actually going through the attorney or USPTO won’t allow and accept?
3.   Can I buy 2 months worth of additional time now and buy additional months later if required to respond to the Missing Parts notice?

I will appreciate any feedback I can get in response.  Thanks in advance!

NK

How many drawings ?  Make sure the margins on the drawings are correct and that they have the proper notation in the proper place.   They'll need to be reviewed, I check each ref char and make sure its going to the right place >> draftsmen often err and I have to send them back and then re-check the entire corrected set before I'll file it.   Reviewing drawings can take time depending on the number / complexity of them, or you can forget my style and submit whatever you get from the draftsman and cross your fingers that its correct and you won't get yet another Notice to answer.   Plus, you might have to deal with the draftsman and tell them what needs to be done, all that takes a little time but it adds up.  Then the usual paperwork. Then put together the Dec and transmit to the inventors along with the usual caveats about what correct inventorship is, that they're swearing under penalty of jail time that they've reviewed the spec and agree with it, and explain also what Rule 56 means, since its in the Dec and also provide a copy of Rule 56 with an invitation to ask questions if anything is not clear, and possibly prepare and file a supp. IDS.  Have the inventors verify the accuracy of the sequence listing, prepare the transmittal and send it off with a check.   Send copies to the inventors afterwards asking them to review and make sure all is correct, for good measure.    How much for all that ?    It depends on how many drawings there are and how many inventors there are and how long the sequence is and whether there's any additional prior art of which anyone's become aware.  Plus, I may have missed something you haven't mentioned that's pertinent.  Be sure to demand payment up-front and preferably in specie, since the federal reserve notes appear to be losing value rather quickly, about -15% in the past six months http://quotes.ino.com/chart/?s=NYBOT_DX

[klaviernista]

Be sure to demand payment up-front and preferably in specie, since the federal reserve notes appear to be losing value rather quickly, about -15% in the past six months http://quotes.ino.com/chart/?s=NYBOT_DX

Heh!  I am going to start requesting payment in gold dubloons.  Instead of a Visa sign on my door, I will have Blackbeard swinging a gavel in one hand and bag full of booty in the other.

[DrKto]

1. Filing fee and declaration is easy and fast.  Drawings and sequence listing may take considerable time depending on the number of the drawings and what needs to be fixed.  For any substantive work on drawings employ draftsman.

2. the inventor may submit the missing parts.  the institute may submit only if it is the Assignee of the application.  Doing it on your own may cost you more later if you don't have proper experience handling these matters.  if the documents that you submit in response to the notice don't meet the requirements, you'll get subsequent notices, you'll have to pay fees for extension of time and may even cause the application to become abandoned.

3. you get 2 months to respond.  you can get extensions of up to 5 months by paying a fee for each month. 

[ChrisWhewell]

Be sure to demand payment up-front and preferably in specie, since the federal reserve notes appear to be losing value rather quickly, about -15% in the past six months http://quotes.ino.com/chart/?s=NYBOT_DX

Heh!  I am going to start requesting payment in gold dubloons.  Instead of a Visa sign on my door, I will have Blackbeard swinging a gavel in one hand and bag full of booty in the other.

On the lighter side ....

http://www.youtube.com/watch?v=Gk5aRIz17fk