Can a requirement for information be made after the first Office action in a patent application?
Can a requirement for information be made after the first Office action in a patent application?
Yes, a requirement for information can be made after the first Office action in a patent application. The MPEP 704.11(b) states:
A requirement for information may be made at any time once the necessity for it is recognized and should not be delayed.
This means that an examiner can issue a requirement for information at various stages of the examination process, including:
- Before the first Office action
- With the first Office action
- After the first Office action
- With a final Office action
- After final rejection
The key factor is that the necessity for the information must be recognized. Examiners are encouraged to make such requirements as early as possible in the examination process to avoid potential delays in prosecution.
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