What constitutes a complete reply to a 37 CFR 1.105 requirement?
A complete reply to a 37 CFR 1.105 requirement involves responding to each enumerated request for information by either: Providing the required information, or Stating that the information is unknown and/or not readily available to the requested party or parties. As stated in MPEP 704.12(b): “A complete reply to a 37 CFR 1.105 requirement is…
Read MoreHow can an applicant challenge a requirement under 37 CFR 1.105?
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 The MPEP states: “Applicants who seek to have a requirement under 37 CFR 1.105 withdrawn or modified, or who seek to have information submitted under 37 CFR 1.105 considered, may submit a petition under 37 CFR 1.181…
Read MoreWho has the authority to consider petitions regarding 37 CFR 1.105 requirements?
Petitions regarding 37 CFR 1.105 requirements are considered by the Director of the Technology Center that issued the requirement. The MPEP specifies: “Applicants who seek to have a requirement under 37 CFR 1.105 withdrawn or modified, or who seek to have information submitted under 37 CFR 1.105 considered, may submit a petition under 37 CFR…
Read MoreWhen 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…
Read MoreHow does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements?
How does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements? The USPTO handles petitions challenging the appropriateness of 37 CFR 1.105 requirements based on the stage of prosecution. According to MPEP 704.14(c): If the petition argues that the requirement is not appropriate for the stage of prosecution that the application was…
Read MoreHow does the USPTO handle petitions against 37 CFR 1.105 requirements?
The USPTO has a specific process for handling petitions against requirements under 37 CFR 1.105, as described in MPEP 704.14(c): The petition is reviewed by the Technology Center (TC) Director. If the TC Director agrees that the requirement was improper, they will withdraw the requirement. If the TC Director disagrees, they will deny the petition.…
Read MoreWhat types of information can be requested in a requirement for information?
A requirement for information under 37 CFR 1.105 can request various types of information, including: Citations and copies of individual art references Identification of whole collections of art Answers to specific questions Factual information known to the applicant Information about the existence of specific documents Stipulations of facts The MPEP provides specific form paragraphs for…
Read MoreWhat types of information can be requested in a requirement for information?
A requirement for information under 37 CFR 1.105 can request various types of information, including: Citations and copies of individual art references Identification of whole collections of art Answers to specific questions Stipulations of facts Information about the existence of specific documents or other pieces of information Lists of keywords for searching Citations to electronically…
Read MoreWhen is it appropriate to make a requirement for information during patent examination?
According to the MPEP, a requirement for information under 37 CFR 1.105 is discretionary and can be made at any time once the necessity is recognized. However, the optimal timing is described as follows: The optimum time for making a requirement is prior to or with a first action on the merits because the examiner…
Read MoreWhat are the time limits for responding to a requirement for information under 37 CFR 1.105?
What are the time limits for responding to a requirement for information under 37 CFR 1.105? The time limits for responding to a requirement for information under 37 CFR 1.105 are as follows: For a non-final Office action: The response period is typically two months, which may be extended up to six months from the…
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