What are the requirements for information under 37 CFR 1.105 in patent applications?

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.

MPEP 707.07(e) mentions requirements for information under 37 CFR 1.105, which are special requests made by patent examiners to obtain additional information from applicants. The section states:

“Such requirements include requirements for information under 37 CFR 1.105 and MPEP § 704.10; however the examiner should determine whether any such requirement has been satisfied by a negative reply under 37 CFR 1.105(a)(3).”

This means that examiners can request additional information from applicants under 37 CFR 1.105, but they must also consider whether a negative reply (i.e., a statement that the requested information is unknown or not readily available) satisfies the requirement. These information requests are typically made to gather relevant information for the examination process.