How should an applicant respond to a requirement for information?

When responding to a requirement for information, applicants should:

  • Provide the requested information completely and accurately
  • Respond with candor and good faith as required by 37 CFR 1.56
  • If an item is unknown or cannot be readily obtained, state this in the response
  • Provide copies of documents as requested, or if the document is large, provide copies of relevant pages
  • Respond within the specified time period

The MPEP states: The applicant is reminded that the reply to this requirement must be made with candor and good faith under 37 CFR 1.56. Where the applicant does not have or cannot readily obtain an item of required information, a statement that the item is unknown or cannot be readily obtained may be accepted as a complete reply to the requirement for that item.

It’s important to note that the time period for replying to the requirement typically coincides with the time period for replying to the associated Office action, if any.

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Tags: 37 CFR 1.105, patent examination