What are the consequences of not replying to 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.

Failing to reply to a Requirement for Information can have serious consequences for a patent application. According to MPEP 704.14(a):

‘The consequences of failure to reply are governed by 37 CFR 1.135.’

These consequences may include:

• The application being deemed abandoned
• Termination of proceedings
• Potential loss of patent rights

It’s crucial for applicants to understand that a Requirement for Information is an official USPTO action that requires a timely and complete response. If an applicant cannot provide the requested information, they should explain why it is unavailable or submit a good faith attempt to gather the information. Ignoring the requirement or providing an incomplete response can jeopardize the patent application.