How should a patent examiner format a requirement for information?

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.

A patent examiner should format a requirement for information according to the guidelines provided in MPEP 704.14(a). The format should include:

• Clear statement: Explicitly state that the requirement is being made under 37 CFR 1.105
• Time period: Specify a time period for reply, typically between one and three months
• Warning: Include a warning that failure to reply will result in abandonment of the application
• Form Paragraph: Use Form Paragraph 7.104 for the warning statement
• Numbering: Number the required items consecutively
• Signature: Include the examiner’s signature at the end of the requirement

The MPEP states: The requirement preferably should be made on a separate piece of paper and should not be combined with any other paper, e.g., Office action, Notice of Allowability, or Notice of Abandonment. This ensures clarity and proper processing of the requirement.