How long is the reply period for a requirement for information sent with an Office action on the merits?

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.

When a requirement for information under 37 CFR 1.105 is sent with an Office action on the merits, the reply period is the same as the period given for the Office action. According to MPEP § 704.13:

Requirements sent with an Office action on the merits, and not as a separate Office action, will be given the same period for reply as the action on the merits.

This means that applicants should respond to both the requirement for information and the Office action within the same timeframe, typically three months for a non-final Office action or three months for a final Office action, extendable up to six months.