Editorial Note on Part 1
Editorial Notes: 1. In Patent and Trademark Office publications and usage the part number is omitted from the numbers of §§ 1.1 to 1.352 and the numbers to the right of the decimal point correspond with the respective rule numbers. 2. For nomenclature changes to part 1, see 68 FR 14335, Mar. 25, 2003; 87 FR 68904, Nov. 17, 2022.

§ 1.251 Unlocatable file. ( a ) In the event that the Office cannot locate the file of an application, patent, or other patent-related proceeding after a reasonable search, the Office will notify the applicant or patentee and set a time period within which the applicant or patentee must comply with the notice in accordance with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section. ( 1 ) Applicant or patentee may comply with a notice under this section by providing: ( i ) A copy of the applicant's or patentee's record (if any) of all of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding (except for U.S. patent documents);
( ii ) A list of such correspondence; and
( iii ) A statement that the copy is a complete and accurate copy of the applicant's or patentee's record of all of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding (except for U.S. patent documents), and whether applicant or patentee is aware of any correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding that is not among applicant's or patentee's records.
( 2 ) Applicant or patentee may comply with a notice under this section by: ( i ) Producing the applicant's or patentee's record (if any) of all of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding for the Office to copy (except for U.S. patent documents); and
( ii ) Providing a statement that the papers produced by applicant or patentee are applicant's or patentee's complete record of all of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding (except for U.S. patent documents), and whether applicant or patentee is aware of any correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding that is not among applicant's or patentee's records.
( 3 ) If applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding, applicant or patentee must comply with a notice under this section by providing a statement that applicant or patentee does not possess any record of the correspondence between the Office and the applicant or patentee for such application, patent, or other proceeding.
( b ) With regard to a pending application, failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the application.
[65 FR 69451, Nov. 17, 2000]

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 5 is placed in the separate grouping of parts pertaining to patents regulations.