Can an examiner require information about foreign applications under MPEP 704.10?
Can an examiner require information about foreign applications under MPEP 704.10?
Yes, an examiner can require information about foreign applications under MPEP 704.10. This authority extends to requesting details about related foreign patent applications and their prosecution history.
The MPEP specifically states: “Information which may be required includes … copies of, or information about, foreign applications corresponding to the subject application.” This can include:
- Copies of foreign office actions
- Search reports from foreign patent offices
- Responses filed in foreign applications
- Claim amendments made in foreign counterparts
Examiners often request this information to ensure a comprehensive examination and to identify any relevant prior art or patentability issues that may have been raised in foreign jurisdictions. It’s important to note that this requirement is separate from the duty of disclosure, which also obliges applicants to submit certain information about foreign applications.
To learn more:
- MPEP 704.10
- foreign applications
- patent examination
- information requirements
- foreign office actions
- international patent prosecution
To learn more: