Can a Requirement for Information be made after the first Office action?

Can a Requirement for Information be made after the first Office action?

Yes, a Requirement for Information can be made after the first Office action. The MPEP 704.14(a) states:

‘A requirement for information may be made either before or after a first Office action on the merits and before a final rejection.’

This flexibility allows examiners to request additional information at various stages of the examination process when necessary. However, it’s important to note that the requirement should be made as early as possible to avoid delays in prosecution. The timing of the requirement may depend on when the need for additional information becomes apparent during the examination.

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Tags: office action, patent examination