Is a requirement for information under 37 CFR 1.105 considered an Office action for patent term adjustment purposes?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 requirement for information under 37 CFR 1.105 is considered an Office action for patent term adjustment purposes. MPEP § 704.13 explicitly states:
A requirement for information under 37 CFR 1.105 is an Office action under 35 U.S.C. 132 for patent term adjustment purposes.
This means that the issuance of a requirement for information can affect the calculation of patent term adjustment. For more detailed information on how this impacts patent term adjustment, refer to MPEP § 2730.