How should a requirement for information be formatted?

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.

According to the MPEP, a requirement for information should be formatted as follows:

• It should clearly indicate that it’s a requirement under 37 CFR 1.105
• It should state the basis for the requirement
• It should specify what information is being required
• It should indicate the particular art area involved and the specific claimed subject matter within that art area
• It should clearly indicate the form the required information is expected to take (e.g., citations, copies of references, answers to questions)

The MPEP states: A requirement for information under 37 CFR 1.105 is generally prepared as a separate document that may be attached to an Office action on the merits or mailed as a stand alone action. This format helps to immediately bring the requirement to the attention of the recipient.