Can a requirement for information be made in an issued patent or abandoned application?
Yes, under limited circumstances, a requirement for information can be made in an issued patent or abandoned application. The MPEP 704.11(b) states:
“Under limited circumstances, requirements under 37 CFR 1.105 may be made in an application that is issued or abandoned. Such a requirement would normally be made only during part of some ongoing proceeding involving the issued patent or abandoned application.”
Examples of such circumstances include:
- For abandoned applications: During proceedings to revive the abandoned application
- For issued patents: During proceedings to change inventorship or during reexamination proceedings
These situations are exceptions to the general rule that requirements for information are made during the active examination process. They allow for gathering necessary information in specific post-issuance or post-abandonment scenarios.
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