What are the grounds for petitioning a requirement under 37 CFR 1.105?

What are the grounds for petitioning a requirement under 37 CFR 1.105?

Petitions to requirements under 37 CFR 1.105 can be filed on the following grounds:

• Relevance: The requirement is not relevant to the examination of the application.
• Proprietary information: The required information is trade secret, proprietary, or subject to a protective order.
• Undue burden: The requirement would place an unreasonable burden on the applicant.

As stated in MPEP 704.14(c): Where information is required to be submitted in a response to a requirement under 37 CFR 1.105, there are three typical reasons that a requirement for information may be petitioned: (A) the requirement was made pursuant to 37 CFR 1.105(a)(1) instead of 37 CFR 1.105(a)(2); (B) the information required was not known to any individual designated in 37 CFR 1.56(c) and was not readily available to the applicant; or (C) the requirement was not appropriate for the stage of prosecution that the application was in when the requirement was made.

To learn more:

• 37 CFR 1.105
• petitions
• information requirements
• patent examination

To learn more:

• 37 CFR 1.105