How should an applicant respond to a requirement for information?
When responding to a requirement for information under 37 CFR 1.105, an applicant should:
- Provide the requested information within the specified time period
- Ensure the response is made with candor and good faith as required by 37 CFR 1.56
- If an item of information is unknown or cannot be readily obtained, state this in the response
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 a complete reply to the requirement for information is necessary to avoid potential abandonment of the application.
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