What are the time limits for responding to a requirement for information in patent examination?
The time limits for responding to a requirement for information in patent examination are specified in MPEP 704.14(a). According to this section:
The Office of Petitions has indicated that the period for reply to a requirement for information under 37 CFR 1.105 is set by the examiner, and can vary depending on the circumstances and complexity of the requirement, but should not be shorter than one month or longer than three months.
Key points about the time limits:
- Minimum time: 1 month
- Maximum time: 3 months
- The exact period is set by the examiner
- Factors considered include complexity of the requirement and circumstances of the case
It’s crucial for applicants to note that failing to reply within the specified time period will result in the abandonment of the application, as stated in Form Paragraph 7.104. If more time is needed, applicants may request an extension of time under 37 CFR 1.136(a).
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