When can a requirement for information be made during patent examination?

A requirement for information under 37 CFR 1.105 can be made at various stages of the patent examination process. According to MPEP 704.11(b):

“A requirement for information under 37 CFR 1.105 is discretionary. A requirement may be made at any time once the necessity for it is recognized and should be made at the earliest opportunity after the necessity is recognized.”

The optimal timing for making such a requirement is typically:

• Prior to or with the first action on the merits
• With the first action on the merits that includes at least one rejection
• After the first action on the merits, when justified by the application file

It’s important to note that it is rarely appropriate to require information due to a lack of relevant prior art after the first action on the merits.

To learn more:

• patent examination
• requirement for information
• 37 CFR 1.105
• prior art
• patent prosecution

To learn more:

• 37 CFR 1.105