Does filing a petition stop the time period for replying to a 37 CFR 1.105 requirement?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

No, filing a petition does not stop the time period for replying to a 37 CFR 1.105 requirement. The MPEP clearly states:

“However, a petition is not a reply to a 37 CFR 1.105 requirement. The time period for the applicant to reply to the 37 CFR 1.105 requirement continues to run, even where a petition has been submitted.”

This means that applicants must still respond to the requirement within the given time frame, regardless of whether they have filed a petition.

Tags: 37 CFR 1.105, 37 Cfr 1105, petition, Reply, Requirement, time period