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.
Failing to comply with an examiner’s requirement for information under MPEP 704 can have serious consequences for a patent application. According to MPEP 704.12(c):
“Where an applicant fails to make a bona fide attempt to comply with the requirement for information or does not adequately reply to the requirement, the examiner may issue an appropriate Office action rejecting or objecting to the claims.”
Potential consequences include:
- Rejection of claims
- Objection to claims
- Abandonment of the application if no reply is received
- Adverse inference drawn against the applicant’s position
It’s crucial for applicants to respond fully and in good faith to avoid these negative outcomes and ensure smooth prosecution of their patent application.