Can an examiner make a requirement for information after a final Office action?

Can an examiner make a requirement for information after a final Office action?

Yes, an examiner can make a requirement for information after a final Office action, but with certain limitations. According to MPEP 704.14(c):

Quote: “A requirement for information made after a final rejection must be accompanied by a showing of good and sufficient reasons why the requirement is necessary and was not made earlier.”

Key points to understand:

  • The examiner must provide justification for the late requirement.
  • The applicant’s duty to respond remains in effect, even after final rejection.
  • The requirement should be directly relevant to the patentability determination.

Applicants should carefully review any post-final requirements and consider seeking assistance from a patent professional to ensure proper compliance while maintaining their rights in the application process.

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Tags: Examiner Justification, Final Office Action, patent examination