What happens if an applicant fails to reply to a requirement for information in a patent application?

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.

If an applicant fails to reply to a requirement for information in a patent application, the consequences can be severe. According to MPEP 704.11(b):

Where the applicant fails to reply to a requirement for information, the results may vary depending on the facts of the case.

The potential outcomes include:

• Abandonment of the application: If the requirement was properly made and the information is necessary for examination, failure to respond may result in abandonment.
• Incomplete response: The examiner may consider the response incomplete if the applicant fails to provide the required information without adequate explanation.
• Denial of benefit: In the case of a continuing application, failure to respond may result in denial of benefit of an earlier filing date.
• Rejection of claims: The examiner may reject claims under 35 U.S.C. 112(a) or (b) if the failure to provide information prevents a proper examination.

It’s crucial for applicants to take requirements for information seriously and respond promptly and thoroughly to avoid these negative consequences.