Can an applicant petition against a requirement for information?

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Applicants who seek to have a requirement under 37 CFR 1.105 withdrawn or modified, or who seek to have information submitted under 37 CFR 1.105 considered, may submit a petition under 37 CFR 1.181 to the Director of the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

To learn more:

• 37 CFR 1.105
• requirement for information
• petition
• patent examination

To learn more:

• 37 CFR 1.105