What happens if required information under 37 CFR 1.105 is not known or readily available?

What happens if required information under 37 CFR 1.105 is not known or readily available?

If the information required under 37 CFR 1.105 is not known to any individual designated in 37 CFR 1.56(c) and is not readily available to the applicant, a petition can be filed. The MPEP 704.14(c) states:

If information required to be submitted in a response to a requirement under 37 CFR 1.105 is not known to any individual designated in 37 CFR 1.56(c) and is not readily available to the applicant, the applicant may submit a petition under 37 CFR 1.181 for relief from the requirement.

In such cases:

• The applicant should file a petition under 37 CFR 1.181
• The petition should explain why the information is not known or readily available
• If granted, the requirement may be withdrawn or modified
• If denied, the applicant may need to show a good faith effort to obtain the information

It’s important to note that the USPTO expects applicants to make reasonable efforts to gather required information before claiming it’s not known or available.

To learn more:

• 37 CFR 1.105
• unknown information
• patent examination
• petitions

To learn more:

• 37 CFR 1.105