Can information favorable to patentability be submitted under MPEP § 724.02?
No, information favorable to patentability should not be submitted under MPEP § 724.02. The MPEP clearly states:
Neither 37 CFR 1.56 nor 1.555 require the disclosure of information favorable to patentability, e.g., evidence of commercial success of the invention (see 42 FR 5590). Such information should not be submitted in accordance with MPEP § 724.02.
This means that while information that might negatively impact patentability must be disclosed, positive information like evidence of commercial success should be submitted through regular channels and not under the special procedures outlined in MPEP § 724.02.
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