What information can be required 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.

Under 37 CFR 1.105, the examiner can require information that is reasonably necessary to properly examine or treat a matter in a pending or abandoned application. This includes:

  • Applications filed under 35 U.S.C. 111 (including reissue applications)
  • Applications that have entered the national stage under 35 U.S.C. 371
  • Patents
  • Reexamination proceedings

The MPEP states, There must be a reasonable basis for the information required that would aid in the examination of an application or treatment of some matter. This requirement should be narrowly defined and only made when the examiner has a reasonable basis for requiring the information.

Tags: 37 CFR 1.105, 37 Cfr 1105, information requirements, patent examination