What is the examiner’s obligation if the applicant’s reply is incomplete?

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.

If the applicant’s reply is incomplete, the examiner has specific obligations as outlined in MPEP 704.14(b):

Direct quote: “If the reply is incomplete, the examiner may, at his or her option, either act on the application (if sufficient information is available or no further information is required) or require the applicant to complete the reply pursuant to 37 CFR 1.135(c).”

The examiner must evaluate the completeness of the reply and decide whether to proceed with examination or request additional information from the applicant.