Can an examiner require information submitted to other government agencies?

Yes, an examiner can require information submitted to other government agencies under certain circumstances. The MPEP states: “This requirement could include statements made or information submitted to other Government agencies such as the FDA.” For example, when examining a claim related to a drug manufacturing process filed more than a year after FDA approval, an…

Read More

What is the difference between the duty to disclose under 37 CFR 1.56 and the requirements for information under 37 CFR 1.105?

The main differences are: Under 37 CFR 1.56, individuals associated with a patent application have a duty to disclose information material to patentability on their own initiative. Under 37 CFR 1.105, examiners can require information reasonably necessary for examination from parties identified in 37 CFR 1.56. The materiality threshold for 37 CFR 1.56 is higher…

Read More

Who can be required to submit information under 37 CFR 1.105?

According to the MPEP, information can be required from parties identified in 37 CFR 1.56. Specifically, the MPEP states: “Under 37 CFR 1.105, an examiner or other Office employee is authorized to require, from parties identified in 37 CFR 1.56, information reasonably necessary to examine or treat a matter in an application.” The parties identified…

Read More

What are ‘requirements for information’ in MPEP 704?

‘Requirements for information’ in MPEP 704 refer to the authority granted to patent examiners to request additional information from patent applicants when necessary for proper examination. This provision allows examiners to seek clarification or supporting evidence related to the claimed invention. While the specific details are not provided in the given excerpt, MPEP 704 typically…

Read More

What are the requirements for information under 37 CFR 1.105 in patent applications?

MPEP 707.07(e) mentions requirements for information under 37 CFR 1.105, which are special requests made by patent examiners to obtain additional information from applicants. The section states: “Such requirements include requirements for information under 37 CFR 1.105 and MPEP § 704.10; however the examiner should determine whether any such requirement has been satisfied by a…

Read More