What types of information can an examiner require under MPEP 704?
Under MPEP 704, an examiner has the authority to require various types of information that are reasonably necessary for proper examination. According to MPEP 704.11, this may include: Technical information about the invention Prior art references known to the applicant Information used in the invention process Details about the applicant’s own publications Factual information about…
Read MoreCan examiners request information about related litigation?
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…
Read MoreCan examiners request information about foreign patent applications?
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.’…
Read MoreWhat information can an examiner request about related applications?
What information can an examiner request about related applications? An examiner can request information about related applications as part of the examination process. According to MPEP 704.11, this may include: Copies of related applications (foreign or domestic) and related documents Dates and details of public use or sale Information regarding inventorship Computer programs, if described…
Read MoreCan an examiner request information about public use or sale of an invention?
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:…
Read MoreCan a patent examiner request information about inventorship?
Can a patent examiner request information about inventorship? Yes, a patent examiner can request information about inventorship during the examination process. The MPEP 704.11 explicitly states that examiners may request: “Names of persons to whom the invention was disclosed.” This information may be requested to: Clarify the correct inventorship of the application Determine if there…
Read MoreWhat 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,…
Read MoreWhat commercial information can examiners request about the invention?
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.’…
Read MoreWhat technical information can examiners request about the invention?
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…
Read MoreHow can someone request information about an unpublished patent application?
Requesting information about an unpublished patent application requires specific procedures to ensure confidentiality. According to the MPEP: Requests can be made by phone or in person The requester’s identity and right to information must be verified Only certain individuals (applicant, inventor, assignee of record, or attorney/agent of record) may receive detailed information USPTO employees must…
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