MPEP § 704.14(a) — Format of the Requirement (Annotated Rules)

§704.14(a) Format of the Requirement

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 704.14(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Format of the Requirement

This section addresses Format of the Requirement. Primary authority: 37 CFR 1.105. Contains: 3 requirements, 2 guidance statements, 3 permissions, and 1 other statement.

Key Rules

Topic

Requirement for Information (37 CFR 1.105)

10 rules
StatutoryRequiredAlways
[mpep-704-14-a-8d4fe0761bf2837aa4718441]
Requirement for Specific Art Area and Subject Matter Information
Note:
The requirement must clearly state the basis for requiring specific art area and subject matter information, ensuring it is not overly burdensome to the applicant.

The requirement must clearly indicate that a requirement under 37 CFR 1.105 is being made, the basis for the requirement, and what information is being required. Requirements should specify the particular art area involved, and the particular claimed subject matter within such art area, in which the information is required in order to avoid overly burdening the applicant and to avoid inviting large volumes of information that are not relevant to the need for the information. The requirement should also clearly indicate the form the required information is expected to take. That is, whether the requirement is for citations and copies of individual art references, for the identification of whole collections of art, for answers to questions, or for another specified form.

Jump to MPEP Source · 37 CFR 1.105Requirement for Information (37 CFR 1.105)Search and Requirements for Information
StatutoryRequiredAlways
[mpep-704-14-a-e86b4d92e27dd0e6790b9d9b]
Requirement for Specific Art Area and Claimed Subject Matter
Note:
The requirement must specify the particular art area and claimed subject matter to avoid burdening the applicant and irrelevant information.

The requirement must clearly indicate that a requirement under 37 CFR 1.105 is being made, the basis for the requirement, and what information is being required. Requirements should specify the particular art area involved, and the particular claimed subject matter within such art area, in which the information is required in order to avoid overly burdening the applicant and to avoid inviting large volumes of information that are not relevant to the need for the information. The requirement should also clearly indicate the form the required information is expected to take. That is, whether the requirement is for citations and copies of individual art references, for the identification of whole collections of art, for answers to questions, or for another specified form.

Jump to MPEP Source · 37 CFR 1.105Requirement for Information (37 CFR 1.105)Search and Requirements for Information
StatutoryRequiredAlways
[mpep-704-14-a-0887b55bff80704b3fef8fb7]
Form of Required Information Must Be Specified
Note:
The requirement must clearly indicate the form in which the required information is expected, such as citations and copies of individual art references or identification of whole collections of art.

The requirement must clearly indicate that a requirement under 37 CFR 1.105 is being made, the basis for the requirement, and what information is being required. Requirements should specify the particular art area involved, and the particular claimed subject matter within such art area, in which the information is required in order to avoid overly burdening the applicant and to avoid inviting large volumes of information that are not relevant to the need for the information. The requirement should also clearly indicate the form the required information is expected to take. That is, whether the requirement is for citations and copies of individual art references, for the identification of whole collections of art, for answers to questions, or for another specified form.

Jump to MPEP Source · 37 CFR 1.105Requirement for Information (37 CFR 1.105)Search and Requirements for Information
StatutoryPermittedAlways
[mpep-704-14-a-c65462c43eac611badb72029]
Requirement for Information via Interrogatories
Note:
Applicants must provide specific factual information if known and readily available, including the existence of documents.

Interrogatories may be used to ask specific questions seeking applicant’s factual knowledge. Such a requirement for information may include an inquiry as to the existence of a particular document or other piece of information and a requirement that such information be supplied if it is known to exist and is readily available. A stipulation may be used as to facts with which applicant may agree or disagree in order to clarify the record about uncontroverted matters.

Jump to MPEP SourceRequirement for Information (37 CFR 1.105)Search and Requirements for Information
StatutoryPermittedAlways
[mpep-704-14-a-61778740573ff8dca4ed722b]
Requirement for Stipulating Uncontroverted Facts
Note:
The rule requires that stipulations be used to clarify the record about undisputed facts in a manner where applicants can agree or disagree with specific factual matters.

Interrogatories may be used to ask specific questions seeking applicant’s factual knowledge. Such a requirement for information may include an inquiry as to the existence of a particular document or other piece of information and a requirement that such information be supplied if it is known to exist and is readily available. A stipulation may be used as to facts with which applicant may agree or disagree in order to clarify the record about uncontroverted matters.

Jump to MPEP SourceRequirement for Information (37 CFR 1.105)Search and Requirements for Information
StatutoryRecommendedAlways
[mpep-704-14-a-ee11820e7de27e2b6194e18e]
Requirement for Information Must Use Specified Form Paragraphs
Note:
The requirement for information must use the specified form paragraphs as outlined in this rule.

The following form paragraphs should be used when preparing a requirement for information:

Jump to MPEP SourceRequirement for Information (37 CFR 1.105)Search and Requirements for Information
StatutoryRequiredAlways
[mpep-704-14-a-cf3b8ce6839d1b8ecc300aa0]
Requirement for Information Under 37 CFR 1.105
Note:
Examiner must require additional information at the start of any request under 37 CFR 1.105, followed by an explanation of its necessity.

1. This form paragraph should appear at the beginning of any requirement for information under 37 CFR 1.105, and should be followed by an explanation of why the required information is necessary for examination. Form paragraph 7.104.aia, 7.104.fti, 7.104.02 or 7.106 – 7.121 may be used as appropriate.

37 CFR 1.77 · 37 CFR 1.105Requirement for Information (37 CFR 1.105)Search and Requirements for InformationAIA vs Pre-AIA Practice
MPEP GuidanceRecommendedAlways
[mpep-704-14-a-f17dcb847b418bd7329778e1]
Requirement for Information Must Conclude with Specific Form Paragraphs
Note:
The requirement for information must end with form paragraphs 7.122 – 7.126 as appropriate.

2. The requirement for information should conclude with form paragraphs 7.122 – 7.126 as appropriate.

MPEP § 704.14(a)Requirement for Information (37 CFR 1.105)Search and Requirements for Information
MPEP GuidanceRecommendedAlways
[mpep-704-14-a-e27fa5ee48e5896549d7a076]
Requirement for Information at End of Requirement
Note:
The requirement for information must appear at the end of the requirement as appropriate.

The following form paragraphs should appear at the end of the requirement for information, as appropriate:

Jump to MPEP SourceRequirement for Information (37 CFR 1.105)Search and Requirements for Information
MPEP GuidanceRecommendedAlways
[mpep-704-14-a-bccbf38ef2e333c0cb5769a4]
Conclusion Paragraph Required for Requirement
Note:
A form paragraph must be included at the conclusion of any requirement for information.

2. This form paragraph should appear in the conclusion of any requirement for information.

MPEP § 704.14(a)Requirement for Information (37 CFR 1.105)Search and Requirements for Information
Topic

Form Paragraph Usage

5 rules
MPEP GuidanceRequiredAlways
[mpep-704-14-a-144ea2ad54852ca7013cb4fc]
Conclusion Paragraph for Requirement
Note:
This paragraph must follow any requirement for information and precede form paragraph 7.105 in an Office action.

1. This form paragraph must be preceded by form paragraph 7.105, and should appear at the conclusion of any requirement for information that accompanies an Office action. If the requirement for information is mailed without any other Office action, use form paragraph 7.126 instead.

MPEP § 704.14(a)Form Paragraph UsageForm ParagraphsExaminer's Action (37 CFR 1.104)
MPEP GuidanceInformativeAlways
[mpep-704-14-a-9408b8016864b0557e864bf3]
Use Form Paragraph 7.126 Without Other Office Actions
Note:
When a requirement for information is mailed without any other Office action, use form paragraph 7.126 instead of 7.105.

1. This form paragraph must be preceded by form paragraph 7.105, and should appear at the conclusion of any requirement for information that accompanies an Office action. If the requirement for information is mailed without any other Office action, use form paragraph 7.126 instead.

MPEP § 704.14(a)Form Paragraph UsageForm ParagraphsExaminer's Action (37 CFR 1.104)
MPEP GuidanceRecommendedAlways
[mpep-704-14-a-9cb257c4753e1466ae27eb4c]
Form Paragraph 7.127 Required After Requirement for Info
Note:
Form paragraph 7.127 must be included at the end of any Office action that includes a requirement for additional information from the applicant.

2. Form paragraph 7.127 should appear at the end of any Office action that includes an attached requirement for information.

MPEP § 704.14(a)Form Paragraph UsageForm ParagraphsExaminer's Action (37 CFR 1.104)
MPEP GuidanceRequiredAlways
[mpep-704-14-a-5cb3d4932521c08143089597]
Conclusion Paragraph for Requirement Mailed Without Other Action
Note:
This paragraph must follow any requirement mailed without other Office action and precede form paragraph 7.105.

1. This form paragraph must be preceded by form paragraph 7.105, and should appear at the conclusion of any requirement for information mailed without any other Office action. If the requirement for information is mailed with an Office action, use form paragraph 7.125 instead.

MPEP § 704.14(a)Form Paragraph UsageForm ParagraphsExaminer's Action (37 CFR 1.104)
MPEP GuidanceInformativeAlways
[mpep-704-14-a-0cdaea3fc5d0db0b672bb67a]
Use Form Paragraph 7.125 with Office Action
Note:
When a requirement for information is mailed with an office action, use form paragraph 7.125 instead of 7.105 and 7.126.

1. This form paragraph must be preceded by form paragraph 7.105, and should appear at the conclusion of any requirement for information mailed without any other Office action. If the requirement for information is mailed with an Office action, use form paragraph 7.125 instead.

MPEP § 704.14(a)Form Paragraph UsageForm ParagraphsExaminer's Action (37 CFR 1.104)
Topic

Types of Office Actions

2 rules
StatutoryPermittedAlways
[mpep-704-14-a-0f07cf2efb35ce2484967019]
Separate Document for Requirement Under 37 CFR 1.105
Note:
A requirement for information under 37 CFR 1.105 is generally prepared as a separate document that may be attached to an Office action or mailed standalone, with creating a separate document being preferable.

A requirement for information under 37 CFR 1.105 is generally prepared as a separate document that may be attached to an Office action on the merits or mailed as a stand alone action. The rule permits a requirement to be included within an Office action, but creating a separate document is preferable because the existence of the requirement is immediately brought to the attention of the recipient and it is more readily routed by the applicant to the parties best able to respond.

Jump to MPEP Source · 37 CFR 1.105Types of Office ActionsExaminer's Action (37 CFR 1.104)Office Actions and Responses
StatutoryInformativeAlways
[mpep-704-14-a-e19c93dfe133d7e1c237ea5b]
Requirement for Separate Document
Note:
A requirement for information should generally be prepared as a separate document to ensure immediate attention and efficient routing by the applicant.

A requirement for information under 37 CFR 1.105 is generally prepared as a separate document that may be attached to an Office action on the merits or mailed as a stand alone action. The rule permits a requirement to be included within an Office action, but creating a separate document is preferable because the existence of the requirement is immediately brought to the attention of the recipient and it is more readily routed by the applicant to the parties best able to respond.

Jump to MPEP Source · 37 CFR 1.105Types of Office ActionsResponse to Office Action Requirements (37 CFR 1.111)Examiner's Action (37 CFR 1.104)
Topic

AIA Effective Dates

1 rules
StatutoryRecommendedAlways
[mpep-704-14-a-cfbdab59a8a873396a8f7a0d]
Requirement for Rescinding Statements Under AIA Effective Dates
Note:
This form paragraph is required in applications filed on or after March 16, 2013, when an applicant rescinds a statement under 37 CFR 1.55 or 1.78 and needs to clarify why pre-AIA law applies.

2. This form paragraph should only be used in an application filed on or after March 16, 2013, where the applicant rescinded a statement pursuant to 37 CFR 1.55 or 1.78 and clarification on the reasoning why pre-AIA law applies is needed.

37 CFR 1.77 · 37 CFR 1.55AIA Effective DatesAssignee as Applicant SignatureAIA Overview and Effective Dates
Topic

Reply Period and Extensions

1 rules
StatutoryRecommendedAlways
[mpep-704-14-a-7aa4352632f9714ed4fd1241]
Two Month Reply Period for Requirement Unless SSP Applies
Note:
Examiners must set a two-month reply period for requirements unless the requirement is part of an Office action with a shortened statutory period (SSP), in which case the SSP period applies.

5. A two month time period should be set by the examiner for reply to the requirement unless it is part of an Office action having a shortened statutory period (SSP), in which case the period for reply will apply also to the requirement.

37 CFR 1.77Reply Period and ExtensionsResponse to Office Action Requirements (37 CFR 1.111)Shortened Statutory Period
Topic

AIA vs Pre-AIA Practice

1 rules
StatutoryPermittedAlways
[mpep-704-14-a-a34a754148e55de564a739ba]
Requirement for Information Under AIA Practice
Note:
Form paragraphs must appear at the start of any requirement for information under AIA practice and explain why the required information is necessary for examination.

1. This form paragraph should appear at the beginning of any requirement for information under 37 CFR 1.105, and should be followed by an explanation of why the required information is necessary for examination. Form paragraph 7.104.aia, 7.104.fti, 7.104.02 or 7.106 – 7.121 may be used as appropriate.

37 CFR 1.77 · 37 CFR 1.105AIA vs Pre-AIA PracticeRequirement for Information (37 CFR 1.105)Search and Requirements for Information

Examiner Form Paragraphs

Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.

¶ 7.105 ¶ 7.105 Requirement for Information, Heading
¶ 7.106 ¶ 7.106 Domain of Search

The information is required to extend the domain of search for prior art. Limited amounts of art related to the claimed subject matter are available within the Office, and are generally found in class [1] and subclasses [2] , which describe [3] . A broader range of art to search is necessary to establish the level of knowledge of those of ordinary skill in the claimed subject matter art of [4] .

¶ 7.107 ¶ 7.107 Level of Skill and Knowledge in the Art

The information is required to document the level of skill and knowledge in the art of [1] .

Examiner Note

This form paragraph must be preceded by form paragraph 7.105 , and should be followed by form paragraphs 7.122 – 7.126 as appropriate.

¶ 7.108 ¶ 7.108 Background Description

The information is required to complete the background description in the disclosure by documenting [1] .

Examiner Note

This form paragraph must be preceded by form paragraph 7.105 , and should be followed by form paragraphs 7.122 – 7.126 as appropriate.

¶ 7.109 ¶ 7.109 Products and Services Embodying Invention

The information is required to identify products and services embodying the disclosed subject matter of [1] and identify the properties of similar products and services found in the prior art.

Examiner Note

This form paragraph must be preceded by form paragraph 7.105 , and should be followed by form paragraphs 7.122 – 7.126 as appropriate.

¶ 7.111 ¶ 7.111 List of Keywords

In response to this requirement, please provide a list of keywords that are particularly helpful in locating publications related to the disclosed art of [1] .

Examiner Note

This form paragraph must be preceded by form paragraph 7.105 , and should be followed by form paragraphs 7.122 – 7.126 as appropriate.

¶ 7.112 ¶ 7.112 Citations for Electronically Searchable Databases or Other Indexed Collections

In response to this requirement, please provide a list of citations to electronically searchable databases or other indexed collections containing publications that document the knowledge within the disclosed art of [1].

Examiner Note

This form paragraph must be preceded by form paragraph 7.105, and should be followed by form paragraphs 7.122 – 7.126 as appropriate.

¶ 7.114 ¶ 7.114 Copies of Publications Authored by Inventor(s)

In response to this requirement, please provide copies of each publication which any of the inventors authored or co-authored and which describe the disclosed subject matter of [1] .

Examiner Note

This form paragraph must be preceded by form paragraph 7.105 , and should be followed by form paragraphs 7.122 – 7.126 as appropriate.

¶ 7.115 ¶ 7.115 Art Relied Upon for Description of Prior Art

In response to this requirement, please provide the title, citation and copy of each publication that is a source used for the description of the prior art in the disclosure. For each publication, please provide a concise explanation of that publication’s contribution to the description of the prior art.

¶ 7.116 ¶ 7.116 Art Relied Upon for Development of Invention

In response to this requirement, please provide the title, citation and copy of each publication that any of the inventors relied upon to develop the disclosed subject matter that describes the invention, particularly as to developing [1] . For each publication, please provide a concise explanation of the reliance placed on that publication in the development of the disclosed subject matter.

¶ 7.117 ¶ 7.117 Art Relied Upon for Drafting Claimed Subject Matter

In response to this requirement, please provide the title, citation and copy of each publication that was relied upon to draft the claimed subject matter. For each publication, please provide a concise explanation of the reliance placed on that publication in distinguishing the claimed subject matter from the prior art.

¶ 7.118 ¶ 7.118 Results of Prior Art Search

In response to this requirement, please state whether any search of prior art was performed. If a search was performed, please state the citation for each prior art collection searched. If any art retrieved from the search was considered material to demonstrating the knowledge of a person having ordinary skill in the art to the disclosed [1] , please provide the citation for each piece of art considered and a copy of the art.

¶ 7.119 ¶ 7.119 Names of Products or Services Incorporating Claimed Invention

In response to this requirement, please provide the names of any products or services that have incorporated the claimed subject matter.

Examiner Note

This form paragraph must be preceded by form paragraph 7.105 , and should be followed by form paragraphs 7.122 – 7.126 as appropriate.

¶ 7.120 ¶ 7.120 Names of Products or Services Incorporating Disclosed Prior Art

In response to this requirement, please provide the names of any products or services that have incorporated the disclosed prior art [1].

¶ 7.121 ¶ 7.121 Details of Improvement Over the Prior Art

In response to this requirement, please state the specific improvements of the subject matter in claims [1] over the disclosed prior art and indicate the specific elements in the claimed subject matter that provide those improvements. For those claims expressed as means or steps plus function, please provide the specific page and line numbers within the disclosure which describe the claimed structure and acts.

Examiner Note

This form paragraph must be preceded by form paragraph 7.105 , and should be followed by form paragraphs 7.122 – 7.126 as appropriate.

¶ 7.122 ¶ 7.122 Submission of Only Pertinent Pages Where Document is Large

In responding to those requirements that require copies of documents, where the document is a bound text or a single article over 50 pages, the requirement may be met by providing copies of those pages that provide the particular subject matter indicated in the requirement, or where such subject matter is not indicated, the subject matter found in applicant’s disclosure.

¶ 7.123 ¶ 7.123 Waiver of Fee and Statement Requirements for Certain Information Disclosures

The fee and certification requirements of 37 CFR 1.97 are waived for those documents submitted in reply to this requirement. This waiver extends only to those documents within the scope of the requirement under 37 CFR 1.105 that are included in the applicant’s first complete communication responding to this requirement. Any supplemental replies subsequent to the first communication responding to this requirement and any information disclosures beyond the scope of this requirement under 37 CFR 1.105 are subject to the fee and certification requirements of 37 CFR 1.97 where appropriate.

¶ 7.124 ¶ 7.124 Contents of Good Faith Reply

The applicant is reminded that the reply to this requirement must be made with candor and good faith under 37 CFR 1.56 . Where the applicant does not have or cannot readily obtain an item of required information, a statement that the item is unknown or cannot be readily obtained may be accepted as a complete reply to the requirement for that item.

¶ 7.125 ¶ 7.125 Conclusion of Requirement That Accompanies Office Action

This requirement is an attachment of the enclosed Office action. A complete reply to the enclosed Office action must include a complete reply to this requirement. The time period for reply to this requirement coincides with the time period for reply to the enclosed Office action.

¶ 7.126 ¶ 7.126 Conclusion Of Requirement Mailed Without Any Other Office Action

This requirement is subject to the provisions of 37 CFR 1.134 , 1.135 and 1.136 and has a shortened statutory period of [1] months. EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED UNDER 37 CFR 1.136(a) but in no case can any extension carry the date for reply to this letter beyond the maximum period of SIX MONTHS set by statute ( 35 U.S.C. 133 ).

¶ 7.127 ¶ 7.127 Conclusion of Office Action That Includes Requirement

This Office action has an attached requirement for information under 37 CFR 1.105 . A complete reply to this Office action must include a complete reply to the attached requirement for information. The time period for reply to the attached requirement coincides with the time period for reply to this Office action.

Examiner Note

This form paragraph should appear at the end of any Office action that includes an attached requirement for information.

Citations

Primary topicCitation
AIA vs Pre-AIA Practice
Requirement for Information (37 CFR 1.105)
Types of Office Actions
37 CFR § 1.105
AIA Effective Dates37 CFR § 1.55
AIA vs Pre-AIA Practice
Requirement for Information (37 CFR 1.105)
Form Paragraph § 7.104
Form Paragraph UsageForm Paragraph § 7.105
Form Paragraph § 7.124
Form Paragraph UsageForm Paragraph § 7.125
Form Paragraph UsageForm Paragraph § 7.126
Form Paragraph UsageForm Paragraph § 7.127

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31