How should an examiner phrase 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.
When phrasing a Requirement for Information, examiners should follow specific guidelines to ensure clarity and compliance with USPTO regulations. The MPEP 704.14(a) provides guidance on this matter:
‘The requirement should clearly indicate that the requirement is being made under 37 CFR 1.105 and that the consequences of failure to reply are as specified in 37 CFR 1.135.’
Additionally, examiners should:
- Be specific about the information required
- Explain why the information is necessary for examination
- Set a reasonable time period for response (usually 2 months)
- Include form paragraphs 7.104, 7.105, and 7.122.01 as appropriate
By following these guidelines, examiners can ensure that their Requirements for Information are clear, legally sound, and effective in obtaining the necessary information for examination.