Can patent examiners discuss specific evidence considered during examination?
No, patent examiners are not allowed to discuss specific evidence considered during the examination process with individuals outside the USPTO. The MPEP 1701 states:
“Employees of the USPTO, particularly patent examiners who examined an application which matured into a patent or a reissued patent or who conducted a reexamination proceeding, should not discuss or answer inquiries from any person outside the USPTO as to whether or not a certain reference or other particular evidence was considered during the examination or proceeding and whether a claim would have been allowed over that reference or other evidence had it been considered during the examination or proceeding.”
This policy ensures the integrity of the examination process and prevents improper influence on patent decisions.
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