How does MPEP 704 address the applicant’s duty to respond to information requirements?
MPEP 704 outlines the applicant’s duty to respond to information requirements issued by examiners. This duty is an essential part of the patent examination process and is based on 37 CFR 1.105.
According to MPEP 704:
The applicant is required to reply to a requirement for information made by the examiner. A complete reply to the requirement must include either a statement that the requested information is unknown to or is not readily available to the party or parties from which it was requested, or a complete reply to each enumerated item.
Key points regarding the applicant’s duty to respond include:
- Responses must be complete and timely
- If information is unknown or unavailable, the applicant must state this explicitly
- Failure to respond can result in abandonment of the application
- Responses must be accurate and made in good faith
- The applicant can challenge the requirement if they believe it’s improper
The section emphasizes the importance of cooperation between applicants and examiners to ensure a thorough and efficient examination process.
To learn more:
To learn more: