Can an examiner make a requirement for information after a final Office action?
Can an examiner make a requirement for information after a final Office action?
Yes, an examiner can make a requirement for information after a final Office action, but with certain limitations. According to MPEP 704.14(c):
Quote: “A requirement for information made after a final rejection must be accompanied by a showing of good and sufficient reasons why the requirement is necessary and was not made earlier.”
Key points to understand:
- The examiner must provide justification for the late requirement.
- The applicant’s duty to respond remains in effect, even after final rejection.
- The requirement should be directly relevant to the patentability determination.
Applicants should carefully review any post-final requirements and consider seeking assistance from a patent professional to ensure proper compliance while maintaining their rights in the application process.
To learn more:
To learn more: