Can an examiner require information about prior art cited in an information disclosure statement (IDS)?
Can an examiner require information about prior art cited in an information disclosure statement (IDS)?
Yes, an examiner can require information about prior art cited in an information disclosure statement (IDS). The MPEP 704.10 provides specific guidance on this matter:
Information reasonably necessary for finding prior art may include explanations of how the inventive features differ from, or are similar to, what is disclosed in the references.
This means that an examiner can ask for:
- Explanations of how the invention differs from cited prior art
- Clarification on similarities between the invention and cited references
- Additional context about the relevance of cited documents
Such requirements are typically made under 37 CFR 1.105 and are intended to assist the examiner in understanding the state of the art and the applicant’s invention in relation to it. Applicants should be prepared to provide this information if requested.
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