How should items be numbered in a requirement for information during patent examination?
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 preparing a requirement for information during patent examination, proper numbering of items is important for clarity and ease of response. According to MPEP 704.14(a):
The items within the requirement should be numbered consecutively.
This means that each separate piece of information requested should be assigned a unique number, starting from 1 and continuing in sequence. For example:
- Provide a copy of any non-patent literature cited in the specification.
- Explain the relevance of the cited non-patent literature to the claimed invention.
- Identify any public use or sale of the claimed invention prior to the filing date.
Proper numbering helps in several ways:
- It allows the applicant to easily reference specific items in their response
- It helps the examiner track which items have been addressed
- It provides a clear structure to the requirement, making it easier to understand and follow
By following this numbering convention, both examiners and applicants can ensure a more organized and efficient process for addressing requirements for information.