What are the time limits for responding to a requirement for information?

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.

The time limits for responding to a requirement for information are as follows:

  • For requirements made in a non-final Office action, the response period is typically two months, which may be extended up to six months under 37 CFR 1.136(a).
  • For requirements made in a final Office action, the response period is determined by the finality of the action, usually three months, which may also be extended under 37 CFR 1.136(a).
  • For requirements made separately from an Office action, a two-month time period will normally be set for response, which is extendable under 37 CFR 1.136(a).

As stated in MPEP 704.10: “The time period for reply to the requirement for information must be at least 30 days. It is, however, recommended that a reasonable amount of time be given for the requirement for information, e.g., at least 60 days.”

Tags: patent application, Response Deadline