Is a 37 CFR 1.105 requirement considered an Office action?

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.

Yes, a 37 CFR 1.105 requirement is considered an Office action, even if it is not accompanied by an action on the merits. The MPEP explicitly states:

“Note that a 37 CFR 1.105 requirement, even absent an action on the merits, is an Office action.”

This means that a requirement for information under 37 CFR 1.105 triggers the same procedural timelines and response requirements as other types of Office actions, even if it doesn’t address the substantive patentability of the claims.