How does the USPTO communicate with applicants regarding protests?

The USPTO communicates directly with the applicant, not the protestor, regarding any protests filed against their application. According to MPEP 1901.05: “The Office will communicate with the applicant regarding any protest entered in an application file and may require the applicant to supply information pursuant to 37 CFR 1.291(f), including replies to specific questions raised…

Read More

How does MPEP 704.10 relate to the duty of disclosure?

How does MPEP 704.10 relate to the duty of disclosure? MPEP 704.10 and the duty of disclosure are closely related but distinct concepts in patent law. While the duty of disclosure, as outlined in MPEP 2001, requires applicants to disclose known material information, MPEP 704.10 gives examiners the authority to request specific information. The MPEP…

Read More

How does MPEP 704.10 relate to the duty of disclosure?

MPEP 704.10 is closely related to the duty of disclosure as outlined in 37 CFR 1.56. While the duty of disclosure requires applicants to disclose known material information, MPEP 704.10 gives examiners the authority to request specific information that may not have been initially disclosed. The MPEP states: ‘The examiner may require the submission, from…

Read More