Can 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 specification of the instant application.’
This includes:
- Search reports from foreign patent offices for counterpart applications
- Copies of foreign patent documents cited in these search reports
- Copies of any decisions rendered by foreign patent offices on counterpart applications
These requests help examiners understand the global patent landscape for the invention and ensure consistency in patent examination across different jurisdictions.
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