Can applicants request paragraph numbering in office actions if it’s not provided?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
While MPEP 707.07(k) recommends paragraph numbering as good practice, it does not explicitly address whether applicants can request it. The MPEP states:
It is good practice to number the paragraphs of the Office action consecutively.
If an office action is received without paragraph numbering, applicants may consider:
- Informally requesting the examiner to use paragraph numbering in future communications
- Numbering the paragraphs themselves when responding, to facilitate clear communication
- Contacting the USPTO’s customer service if the lack of numbering significantly hinders effective communication
While there’s no formal process for requesting paragraph numbering, open communication with the examiner about preferences can often lead to more effective prosecution.