What types of information can an examiner request under MPEP 704.10?

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.

Under MPEP 704.10, an examiner can request various types of information, including:

  • Technical information known to the applicant concerning the interpretation of the claims, disclosure, and state of the art
  • Information concerning the ownership and control of the application
  • Information reasonably necessary for finding prior art

The MPEP states: ‘The examiner may require the submission, from individuals identified under 37 CFR 1.56(c), or any assignee, of such information as may be reasonably necessary to properly examine or treat the matter.’ This broad authority allows examiners to request a wide range of information relevant to the examination process.

Tags: examiner authority, information requests, patent examination