Can 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:
- Specific dates of public use or sale
- Details of any offers for sale
- Information about public demonstrations or exhibitions
Applicants should be prepared to provide accurate and detailed information about any public disclosures of their invention prior to filing the patent application.
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