How should an applicant respond to a requirement for information?
When responding to a requirement for information, applicants should: Provide the requested information completely and accurately Respond with candor and good faith as required by 37 CFR 1.56 If an item is unknown or cannot be readily obtained, state this in the response Provide copies of documents as requested, or if the document is large,…
Read MoreWhat is a requirement for information under 37 CFR 1.105?
A requirement for information under 37 CFR 1.105 is a request made by the patent examiner to the applicant for additional information that is deemed necessary for the examination of a patent application. According to the MPEP, The requirement must clearly indicate that a requirement under 37 CFR 1.105 is being made, the basis for…
Read MoreWhat is a requirement for information under 37 CFR 1.105?
A requirement for information under 37 CFR 1.105 is a request made by the patent examiner to the applicant for additional information that is deemed necessary for the examination of a patent application. The MPEP states that: A requirement for information under 37 CFR 1.105 should be narrowly specified and limited in scope. It is…
Read MoreWhat is the purpose of a requirement for information in patent examination?
The purpose of a requirement for information in patent examination is to gather additional information that may be necessary for the patent examiner to properly examine an application. According to MPEP 704.14(a), the requirement should: Clearly state that the requirement is being made under 37 CFR 1.105 Specify a time period for reply (usually not…
Read MoreWhat is the purpose of a Requirement for Information under 37 CFR 1.105?
What is the purpose of a Requirement for Information under 37 CFR 1.105? A Requirement for Information under 37 CFR 1.105 serves several important purposes in patent examination: To obtain information needed for proper examination of the application To clarify the record and address inconsistencies To gather information not readily available to the examiner As…
Read MoreWhat is the purpose of 37 CFR 1.105 in patent examination?
The purpose of 37 CFR 1.105 in patent examination is clearly stated in the MPEP: The purpose of 37 CFR 1.105 is to improve patent quality, and render better decisions, and not to put applicants in jeopardy of meeting their duties of candor and good faith in their replies to a requirement for information. This…
Read MoreDoes filing a petition stop the time period for replying to a 37 CFR 1.105 requirement?
No, filing a petition does not stop the time period for replying to a 37 CFR 1.105 requirement. The MPEP clearly states: “However, a petition is not a reply to a 37 CFR 1.105 requirement. The time period for the applicant to reply to the 37 CFR 1.105 requirement continues to run, even where a…
Read MoreCan an applicant petition against a requirement for information?
Yes, an applicant can petition against a requirement for information under 37 CFR 1.105. 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…
Read MoreWhat happens if a petition against a 37 CFR 1.105 requirement is denied?
If a petition against a requirement under 37 CFR 1.105 is denied, the applicant has several options, as outlined in MPEP 704.14(c): Comply with the requirement: The applicant can choose to provide the requested information. Further petition: If the TC Director denies the petition, the applicant can file a petition under 37 CFR 1.181 for…
Read MoreWhat options do applicants have regarding a 37 CFR 1.105 requirement?
Applicants have several options regarding a 37 CFR 1.105 requirement: Comply with the requirement by submitting the requested information Seek to have the requirement withdrawn Seek to have the requirement modified Seek to have information submitted under 37 CFR 1.105 considered The MPEP states: “Applicants who seek to have a requirement under 37 CFR 1.105…
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