What are the time limits for responding to a requirement for information under 37 CFR 1.105?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
The time limits for responding to a requirement for information under 37 CFR 1.105 are as follows:
- For a non-final Office action: The response period is typically two months, which may be extended up to six months from the Office action mailing date.
- For a final Office action: The response period is typically three months, which may be extended up to six months from the Office action mailing date.
As stated in MPEP 704.10: The time periods for reply to a requirement for information are set forth in 37 CFR 1.135(a). See also MPEP § 710.02(c).
It’s important to note that extensions of time may require additional fees and proper petitions.