How can an applicant challenge a requirement under 37 CFR 1.105?

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.

An applicant can challenge a requirement under 37 CFR 1.105 by submitting a petition under 37 CFR 1.181. The MPEP states:

“Applicants who seek to have a requirement under 37 CFR 1.105 withdrawn or modified, or who seek to have information submitted under 37 CFR 1.105 considered, may submit a petition under 37 CFR 1.181 to the Director of the Technology Center in which the requirement was issued.”

This petition should be directed to the Director of the Technology Center that issued the requirement.