Can an applicant petition against a requirement for information?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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Applicants who seek to have a requirement under 37 CFR 1.105 withdrawn or modified, or who seek to have information submitted under 37 CFR 1.105 considered, may submit a petition under 37 CFR 1.181 to the Director of the Technology Center in which the requirement was issued.

However, it’s important to note that:

• A petition is not a reply to the requirement for information
• The time period for replying to the requirement continues to run, even if a petition is submitted

Therefore, applicants should be cautious and ensure they still comply with the original deadline for responding to the requirement, even if they choose to file a petition.