Who can be required to submit information under 37 CFR 1.105?

According to the MPEP, information can be required from parties identified in 37 CFR 1.56. Specifically, the MPEP states:

“Under 37 CFR 1.105, an examiner or other Office employee is authorized to require, from parties identified in 37 CFR 1.56, information reasonably necessary to examine or treat a matter in an application.”

The parties identified in 37 CFR 1.56 include:

• Each inventor named in the application
• Each attorney or agent who prepares or prosecutes the application
• Every other person who is substantively involved in the preparation or prosecution of the application and who is associated with the inventor, the applicant, an assignee, or anyone to whom there is an obligation to assign the application

Additionally, the MPEP mentions that examiners may require information from assignees: “When an examiner has a reasonable basis to conclude that an individual identified under 37 CFR 1.56(c) or any assignee has information that would aid in the examination of the application or treatment of some matter, the examiner may require additional information.”

To learn more:

• 37 CFR 1.105
• 37 CFR 1.56
• requirements for information
• patent examination
• duty of disclosure