Can a patent examiner request information about competing products?
Yes, a patent examiner can request information about competing products. According to MPEP 704.11(a), an examiner may reasonably require:
“(E) The trade names and providers of any goods or services in competition with the goods or services the claimed subject matter has been embodied in.”
Additionally, the examiner may request:
“(F) Any written descriptions or analyses, prepared by any of the inventors or assignees, of goods or services in competition with the goods or services the claimed subject matter has been embodied in.”
This information can help the examiner better understand the context of the invention and its place in the market, which may be relevant to assessing patentability criteria such as novelty and non-obviousness.
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