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:

• requirement for information
• final Office action
• patent examination

To learn more:

• examiner justification