What are the limitations on an examiner’s authority to require information under MPEP 704?
While MPEP 704 grants examiners significant authority to request information, there are important limitations to this power. These limitations ensure that information requests are reasonable and relevant to the examination process.
According to MPEP 704:
The examiner should consider the burden on the applicant in requiring the information. The examiner should be reasonable in the amount and type of information required.
Key limitations include:
- Information must be reasonably necessary for examination
- Requests cannot be unduly burdensome to the applicant
- Information should not be already available to the examiner
- Requests must be clear and specific
- The examiner must have a reasonable basis for believing the information exists
If an applicant believes a request exceeds these limitations, they can petition under 37 CFR 1.181 for review of the examiner’s requirement.
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