What is a ‘holding based on insufficiency of reply’ in patent examination?

A ‘holding based on insufficiency of reply’ occurs when a patent examiner determines that an applicant’s response to an office action is incomplete or inadequate. This holding can lead to the application being considered abandoned. However, as stated in MPEP 711.03(a): Applicant may deny that the reply was incomplete. While the primary examiner has no…

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

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,…

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What authority do patent examiners have under MPEP 704?

Under MPEP 704, patent examiners are granted significant authority in the examination process. This authority includes: Conducting comprehensive prior art searches to assess the novelty and non-obviousness of claimed inventions. Requesting additional information from applicants when necessary for proper examination. Determining the scope and content of prior art relevant to the claimed invention. Evaluating the…

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