What happens if an applicant fails to reply to a requirement for information?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
If an applicant fails to reply to a requirement for information under 37 CFR 1.105, the consequences can be severe. According to MPEP 704.10:
An incomplete reply to a 37 CFR 1.105 requirement in a pending application or reexamination proceeding is handled in the same manner as an amendment not fully responsive to a non-final Office action. See 37 CFR 1.135(c) and MPEP § 714.03. Where the reply is a bona fide reply, but an omission is inadvertent, applicant may be given a new time period for reply under 37 CFR 1.134 to supply the omission.
The consequences may include:
- The application being deemed abandoned
- A new time period being set for a complete response
- Potential loss of patent rights
It’s crucial for applicants to respond fully and timely to any requirement for information to avoid these negative outcomes.