How does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements?

How does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements?

The USPTO handles petitions challenging the appropriateness of 37 CFR 1.105 requirements based on the stage of prosecution. According to MPEP 704.14(c):

If the petition argues that the requirement is not appropriate for the stage of prosecution that the application was in when the requirement was made, the requirement will be reviewed to determine whether it is appropriate for the stage of prosecution that the application was in when the requirement was made.

The USPTO considers factors such as:

• The current stage of prosecution
• The relevance of the required information to the examination
• The timing of the requirement in relation to other office actions

If the petition is granted, the requirement may be withdrawn or modified. If denied, the applicant must comply with the original requirement or face potential abandonment of the application.

To learn more:

• 37 CFR 1.105
• petitions
• USPTO handling
• patent examination stages

To learn more:

• 37 CFR 1.105