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Failure to submit a response to a "notice of omitted items" in a provisional patent application.
Posted by Anonymous . updated on 9/16/2011
I have submitted a provisional patent. Within the disclosure I mislabeled my drawings (fig 1.1 in body, fig 1 In drawings). I received a notice of omitted items but did not have the resources to respond. I read on the USPTO website that "Any petition under 37 CFR 1.53(e) or 37 CFR 1.182 not filed within the 2-month period set in the "Notice of Omitted Item(s)" may be dismissed as untimely". However, I never received any notice of dismissal. Is my provisional dead in the water or could I use another avenue to resubmit the correct labeling of the drawings being that I have not received a notice of dismissal. Thank you in advance for any solid advice pertaining to this subject.
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