What types of information can be requested in 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.

A requirement for information under 37 CFR 1.105 can request various types of information, including:

  • Citations and copies of individual art references
  • Identification of whole collections of art
  • Answers to specific questions
  • Stipulations of facts
  • Information about the existence of specific documents or other pieces of information
  • Lists of keywords for searching
  • Citations to electronically searchable databases
  • Copies of publications authored by the inventor(s)
  • Information about products or services embodying the invention
  • Details of improvements over prior art

The MPEP states: Interrogatories may be used to ask specific questions seeking applicant’s factual knowledge. Such a requirement for information may include an inquiry as to the existence of a particular document or other piece of information and a requirement that such information be supplied if it is known to exist and is readily available.

Tags: 37 CFR 1.105, patent examination, USPTO