Can examiners request information about related litigation? Yes, examiners can request information about related litigation. MPEP 704.11 states: ‘Information relating to litigation involving the claims or other similar claims, including any arguments or affidavits presented to courts or other decision making bodies.’ This may include: Details of ongoing or concluded litigation related to the patent…

Can examiners request information about foreign patent applications? Yes, examiners can request information about foreign patent applications related to the invention. MPEP 704.11 specifically mentions: ‘Copies of any non-patent literature, published application, or patent (U.S. or foreign) which has been relied upon to draft the specification or any copy of the claims in the application.’…

Can an examiner request information about public use or sale of an invention? Yes, an examiner can request information about public use or sale of an invention. The MPEP 704.11 states: “Dates and details of public use or sale.” This information is crucial for determining the novelty and non-obviousness of the invention. Examiners may request:…

What commercial information can examiners request about the invention? Examiners can request various types of commercial information related to the invention. According to MPEP 704.11, this may include: ‘Information on any use of the claimed invention known to any of the inventors at the time the application was filed notwithstanding the date of the use.’…

What technical information can examiners request about the invention? Examiners can request a wide range of technical information about the invention. According to MPEP 704.11, this may include: ‘Technical information known to applicant concerning the related art, the disclosure, the claimed subject matter, other factual information pertinent to patentability, or concerning the accuracy of the…