What options do applicants have regarding a 37 CFR 1.105 requirement?

Applicants have several options regarding a 37 CFR 1.105 requirement:

  • Comply with the requirement by submitting the requested information
  • Seek to have the requirement withdrawn
  • Seek to have the requirement modified
  • Seek to have information submitted under 37 CFR 1.105 considered

The MPEP states:

“Applicants who seek to have a requirement under 37 CFR 1.105 withdrawn or modified, or who seek to have information submitted under 37 CFR 1.105 considered, may submit a petition under 37 CFR 1.181 to the Director of the Technology Center in which the requirement was issued.”

It’s important to note that while pursuing these options, the applicant must still comply with the deadline for responding to the requirement.

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Tags: 37 CFR 1.105, petition