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

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.

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).