What authority do patent examiners have under MPEP 704?

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.

Under MPEP 704, patent examiners are granted significant authority in the examination process. This authority includes:

• Conducting comprehensive prior art searches to assess the novelty and non-obviousness of claimed inventions.
• Requesting additional information from applicants when necessary for proper examination.
• Determining the scope and content of prior art relevant to the claimed invention.
• Evaluating the patentability of claims based on the search results and provided information.

While the specific details of this authority are not provided in the given excerpt, MPEP 704 typically outlines the procedures and limitations of examiner actions to ensure fair and thorough examination of patent applications.