Can a follow-up requirement be issued after a reply to a 37 CFR 1.105 requirement?

Yes, a follow-up requirement can be issued after a reply to a 37 CFR 1.105 requirement, but only when it is both reasonable and warranted based on the specific circumstances of the case.

MPEP 704.12(b) states: “Depending on the facts surrounding the requirement and the reply, a follow up requirement may be made where both reasonable and warranted.”

This might occur if the initial reply was unclear, incomplete, or raised new questions that need to be addressed for a proper examination of the application.

To learn more:

• follow-up requirement
• 37 CFR 1.105
• patent examination
• information request

To learn more:

• 37 CFR 1.105