Can an examiner request information about related foreign applications under MPEP 704.10?
Yes, under MPEP 704.10, an examiner can request information about related foreign applications. This is particularly relevant for ensuring a comprehensive examination and understanding the global patent landscape for the invention.
The MPEP states: ‘The examiner may require the submission… of such information as may be reasonably necessary to properly examine or treat the matter.’ This broad authority includes requesting information about foreign applications, which can provide valuable insights into patentability issues, prior art, and claim interpretation.
Examiners might request details such as:
- Search reports from foreign patent offices
- Office actions or rejections in related foreign applications
- Amendments made in response to foreign office actions
- Any other relevant correspondence with foreign patent offices
This information can help streamline the U.S. examination process and ensure consistency in patent treatment across different jurisdictions.
To learn more: