How are incomplete replies to a Requirement for Information treated?

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.

Incomplete replies to a Requirement for Information under 37 CFR 1.105 are handled similarly to amendments that are not fully responsive to a non-final Office action. The MPEP states, An incomplete reply to a 37 CFR 1.105 requirement in a pending application or reexamination proceeding is handled in the same manner as an amendment not fully responsive to a non-final Office action. If the reply appears to be a bona fide attempt to respond, the examiner may use Form Paragraph 7.95 to give the applicant a shortened statutory period of TWO MONTHS to supply the omission or correction. However, this practice doesn’t apply if there has been a deliberate omission or if the application is subject to a final Office action.