Can an examiner request information about public use or sale of an invention?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Narrow Scope for Examiner Information Requests MPEP 704.11 Recommended Requirement for Reply to Information Request MPEP 704.10 Examiner Can Require Reasonably Necessary Info MPEP 704.10 Permitted Examiner Can Require Pertinent Information MPEP 704.10 Permitted Requirement for Determining Prior Art Status of Dependent Claim Elements MPEP 704.11(a) Requirement for Reply to Information Request MPEP 704.13 Art Beyond Requirement for Information Is Considered Under Art Rules MPEP 704.14(d) Required Reasonably Necessary Information Required for Examination MPEP 704.11 Required Requirement for Reasonable Basis in Examination MPEP 704.11 Required Requirement for Factual Information Not Opinions MPEP 704.11 Required Other Related FAQs 5 FAQs Collapse What types of information can an examiner request about prior art? What technical information can examiners request about the invention? What technical information can a patent examiner request during examination? What types of information can an examiner request about prior art? What commercial information can examiners request about...