What is the examiner’s obligation after receiving a reply to a requirement for information?
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.
After receiving a reply to a requirement for information under 37 CFR 1.105, the examiner has several obligations:
- Consider the information submitted in the applicant’s reply
- Apply the information as deemed appropriate to the examination
- For search-related information, indicate which areas were used and which were not in performing a search
- For answers to queries, indicate that the answers were considered
- For submitted art, consider it at least to the extent that art submitted with an Information Disclosure Statement is considered
The MPEP emphasizes: It is never appropriate to deny considering information that is submitted in reply to, and is within the scope of, a requirement under 37 CFR 1.105.
This underscores the importance of the examiner thoroughly reviewing and considering all information provided in response to the requirement.