How should an applicant respond to formal requirements in a patent application?

When responding to formal requirements in a patent application, an applicant should either:

1. Comply with the formal requirements, or
2. Specifically traverse each requirement not complied with

The MPEP states: In all cases where reply to a requirement is indicated as necessary for further consideration of the claims, or where allowable subject matter has been indicated in an application, a complete reply must either comply with the formal requirements or specifically traverse each one not complied with.

It’s important to note that while some formal matters (like drawing corrections) can sometimes be held in abeyance, the line between formal matters and those touching the merits is not always clear. The examiner may insist on addressing formal matters before indicating allowable subject matter.

To learn more:

• formal requirements
• patent application
• USPTO
• Office action response