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

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.

Yes, an examiner can make a requirement for information after the first Office action. According to MPEP 704.14(a):

Quote: “A requirement for information may be made on Form PTOL-326 and should include why the requirement is being made and how the required information will be used.”

The MPEP does not restrict the timing of such requirements to before the first Office action. However, it’s important to note that the requirement must be reasonably necessary for the examination of the application, as stated in 37 CFR 1.105.