What options does an applicant have when responding to formal requirements?

When responding to formal requirements in a patent application, an applicant has two main options:

1. Comply with all formal requirements
2. Specifically traverse each requirement not complied with

This is based on 37 CFR 1.111(b) and MPEP 707.07(a), which state: “a complete reply must either comply with all formal requirements or specifically traverse each requirement not complied with.” This allows applicants to either make the required changes or argue against the necessity of such changes, providing flexibility in responding to formal requirements.

To learn more:

• Formal Requirements
• Patent Application Response
• USPTO Procedure