Can examiners request information about foreign patent applications?

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, examiners can request information about foreign patent applications related to the invention. MPEP 704.11 specifically mentions:

‘Copies of any non-patent literature, published application, or patent (U.S. or foreign) which has been relied upon to draft the specification or any copy of the claims in the application.’

This may include:

• Copies of foreign patent applications for the same or similar inventions
• Search reports or office actions from foreign patent offices
• Translations of foreign patent documents
• Information about the status of foreign applications (granted, pending, or rejected)

This information helps examiners assess the global patentability landscape for the invention and ensures consistency in patent examination across different jurisdictions.