Can examiners request information about related litigation?
Can examiners request information about related litigation?
Yes, examiners can request information about related litigation. MPEP 704.11 states: ‘Information relating to litigation involving the claims or other similar claims, including any arguments or affidavits presented to courts or other decision making bodies.’
This may include:
- Details of ongoing or concluded litigation related to the patent application
- Court decisions or settlements affecting the claimed invention
- Expert testimony or affidavits submitted in legal proceedings
- Arguments presented in court that are relevant to patentability
Such information helps examiners assess the patentability and validity of claims in light of legal challenges or precedents.
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