What is the difference between Form Paragraph 7.91 and Form Paragraph 7.95?

Form Paragraphs 7.91 and 7.95 are used in different scenarios during patent examination, as indicated in MPEP 711.02(a):

• Form Paragraph 7.91 is used when the reply is not fully responsive to the Office action and there appears to be no bona fide attempt to respond.
• Form Paragraph 7.95 is used when the reply appears to be a bona fide attempt to respond with an inadvertent omission.

The MPEP states: If the reply appears to be a bona fide attempt to respond with an inadvertent omission, do not use this form paragraph; instead use form paragraph 7.95.

This distinction is important because it affects how the examiner proceeds with the application. A bona fide attempt with a minor omission (7.95) is treated more leniently than a reply that fails to address the core issues raised in the Office action (7.91).

To learn more:

• patent examination
• form paragraph 7.91
• form paragraph 7.95
• office action
• bona fide attempt

To learn more:

• form paragraph 7.91
• form paragraph 7.95