How does MPEP 704 relate to the duty of disclosure in patent applications?
MPEP 704 is closely related to the duty of disclosure in patent applications. While the duty of disclosure requires applicants to submit known relevant prior art, MPEP 704 empowers examiners to request additional information that may not be readily available to the applicant.
The MPEP 704 states: “The examiner may require the submission of such information as may be reasonably necessary to properly examine or treat the matter.” This complements the duty of disclosure by ensuring that all relevant information is considered during examination, even if it’s not initially provided by the applicant.
The relationship between MPEP 704 and the duty of disclosure helps to:
- Ensure a comprehensive examination process
- Uncover potentially relevant information not initially disclosed
- Facilitate a more accurate assessment of patentability
To learn more: