What happens if a petition against a 37 CFR 1.105 requirement is denied?

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 a petition against a requirement under 37 CFR 1.105 is denied, the applicant has several options, as outlined in MPEP 704.14(c):

1. Comply with the requirement: The applicant can choose to provide the requested information.
2. Further petition: If the TC Director denies the petition, the applicant can file a petition under 37 CFR 1.181 for review by the Deputy Commissioner for Patent Examination Policy.
3. Appeal: The applicant can wait for a final rejection and appeal to the Patent Trial and Appeal Board (PTAB).

The MPEP states: If a petition is denied, the examiner will set a 2-month or 30-day, whichever is longer, shortened statutory period for reply to the requirement.

It’s important to note that failing to respond to the requirement or provide a good faith attempt to obtain the information may result in abandonment of the application.