How does MPEP 704 address the examiner’s authority to require information?

MPEP 704 addresses the examiner’s authority to require information from applicants under 37 CFR 1.105. This authority is crucial for ensuring a thorough examination of patent applications. According to MPEP 704: An examiner or other Office employee may require the submission, from individuals identified under 37 CFR 1.56(c), or any assignee, of such information as…

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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…

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What information can be required under 37 CFR 1.105?

Under 37 CFR 1.105, the examiner can require information that is reasonably necessary to properly examine or treat a matter in a pending or abandoned application. This includes: Applications filed under 35 U.S.C. 111 (including reissue applications) Applications that have entered the national stage under 35 U.S.C. 371 Patents Reexamination proceedings The MPEP states, There…

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How should examiners handle information submitted beyond the scope of a 37 CFR 1.105 requirement?

When applicants submit information that goes beyond the scope of a 37 CFR 1.105 requirement, examiners have specific guidelines to follow. The MPEP provides clear instruction: “Information that is beyond the scope of a 37 CFR 1.105 requirement, submitted along with information responding to a requirement under 37 CFR 1.105, need not be considered unless…

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What are the grounds for petitioning a requirement under 37 CFR 1.105?

What are the grounds for petitioning a requirement under 37 CFR 1.105? Petitions to requirements under 37 CFR 1.105 can be filed on the following grounds: Relevance: The requirement is not relevant to the examination of the application. Proprietary information: The required information is trade secret, proprietary, or subject to a protective order. Undue burden:…

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