Do applicants need to prove that required information was not readily attainable?
No, applicants are not required to prove that the requested information was not readily attainable. However, they are expected to make a good faith effort to obtain the information and conduct a reasonable inquiry when the information is requested.
According to MPEP 704.12(b): “There is no requirement for the applicant to show that the required information was not, in fact, readily attainable, but applicant is required to make a good faith attempt to obtain the information and to make a reasonable inquiry once the information is requested.”
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