What happens if a petition against a 37 CFR 1.105 requirement is denied?

If a petition against a requirement under 37 CFR 1.105 is denied, the applicant has several options, as outlined in MPEP 704.14(c):

1. Comply with the requirement: The applicant can choose to provide the requested information.
2. Further petition: If the TC Director denies the petition, the applicant can file a petition under 37 CFR 1.181 for review by the Deputy Commissioner for Patent Examination Policy.
3. Appeal: The applicant can wait for a final rejection and appeal to the Patent Trial and Appeal Board (PTAB).

The MPEP states: If a petition is denied, the examiner will set a 2-month or 30-day, whichever is longer, shortened statutory period for reply to the requirement.

It’s important to note that failing to respond to the requirement or provide a good faith attempt to obtain the information may result in abandonment of the application.

To learn more:

• 37 CFR 1.105
• denied petitions
• appeal process
• PTAB

To learn more:

• 37 CFR 1.105