What are the criteria for making a requirement for information under 37 CFR 1.105?

The MPEP outlines specific criteria for making a requirement for information under 37 CFR 1.105:

1. Reasonable Necessity: The information must be reasonably necessary for the examination or treatment of a matter in the application.
2. Factual Information: The requirement should seek facts and factual information known to the applicant or readily obtained after reasonable inquiry.
3. Minimized Burden: The scope of the requirement should be narrowly defined to minimize the burden on the applicant.
4. Reasonable Basis: The examiner must have a reasonable basis for requiring the information.

The MPEP states:

The criteria of reasonable necessity is generally met, e.g., where: (A) the examiner’s search and preliminary analysis demonstrates that the claimed subject matter cannot be adequately searched by class or keyword among patents and typical sources of non-patent literature, or (B) either the application file or the lack of relevant prior art found in the examiner’s search justifies asking the applicant if he or she has information that would be relevant to the patentability determination.

These criteria ensure that information requirements are justified and focused, contributing to efficient and thorough patent examination.

To learn more:

• 37 CFR 1.105
• information requirements
• patent examination
• criteria for requirements

To learn more:

• 37 CFR 1.105