Can an examiner make a requirement for information after a final Office action?

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 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.