What is the optimal timing for making a requirement for information during patent examination?

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.

According to MPEP 704.11(b), the optimal timing for making a requirement for information is:

“The optimum time for making a requirement is prior to or with a first action on the merits because the examiner has the maximum opportunity to consider and apply the response.”

This timing allows the examiner to:

• Gather necessary information early in the examination process
• Conduct a more thorough and efficient examination
• Consider the applicant’s response in the context of the first substantive examination of the application

By making the requirement early, examiners can ensure they have all relevant information before making initial patentability determinations, potentially streamlining the examination process.