How can the USPTO present requirements for information?
The USPTO can present requirements for information in several ways, as outlined in MPEP 704.10. According to the regulation: Requirements for factual information known to applicant may be presented in any appropriate manner, for example:(i) A requirement for factual information;(ii) Interrogatories in the form of specific questions seeking applicant’s factual knowledge; or(iii) Stipulations as to…
Read MoreWhat 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:…
Read MoreCan a patent examiner request information about related foreign applications?
Can a patent examiner request information about related foreign applications? Yes, a patent examiner can request information about related foreign applications. The Manual of Patent Examining Procedure (MPEP) 704.11 states: ‘Copies of any non-patent literature, published application, or patent (U.S. or foreign) which has been relied upon to draft the claims or cited in the…
Read MoreWhat are examples of information that may be reasonably required during patent examination?
The MPEP provides several examples of information that may be reasonably required during patent examination under 37 CFR 1.105(a)(1)(i)-(viii). Some of these examples include: Names and citations of relevant indexed journals or treatises Trade names of goods or services related to the claimed subject matter Citations and copies of advertising and promotional literature for goods…
Read MoreWhat information can an examiner request about related patent applications?
An examiner can request information about related patent applications during the examination process. According to MPEP 704.11(a), an examiner may reasonably require: “(G) Identification of pending or abandoned applications filed by at least one of the inventors or assigned to the same assignee as the current application that disclose similar subject matter that are not…
Read MoreCan an examiner require information about foreign applications under MPEP 704.10?
Can an examiner require information about foreign applications under MPEP 704.10? Yes, an examiner can require information about foreign applications under MPEP 704.10. This authority extends to requesting details about related foreign patent applications and their prosecution history. The MPEP specifically states: “Information which may be required includes … copies of, or information about, foreign…
Read MoreWhat are the criteria for making a requirement for information under 37 CFR 1.105?
The MPEP outlines specific criteria for making a requirement for information under 37 CFR 1.105: Reasonable Necessity: The information must be reasonably necessary for the examination or treatment of a matter in the application. Factual Information: The requirement should seek facts and factual information known to the applicant or readily obtained after reasonable inquiry. Minimized…
Read MoreWho can be required to submit information under 37 CFR 1.105?
The USPTO can require information from a wide range of individuals and entities associated with a patent application. According to MPEP 704.10: The scope of 37 CFR 1.105 is extended to any assignee or anyone to whom there is an obligation to assign the application because the information required may be known to some members…
Read MoreWhat types of information can an examiner request about prior art?
What types of information can an examiner request about prior art? An examiner can request various types of information about prior art, including: Copies of patents, publications, or other information about prior art cited in the application but not submitted in compliant form Names of persons involved in developing the subject matter of the claims…
Read MoreWhat types of information can an examiner require under MPEP 704.10?
What types of information can an examiner require under MPEP 704.10? Under MPEP 704.10, an examiner can require various types of information from an applicant. These include: Technical information known to the applicant concerning the invention Commercial information regarding the invention or its development Prior art that may be material to patentability Factual information about…
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