How does MPEP 704.10 relate to the duty of disclosure?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. MPEP 704.10 is closely related to the duty of disclosure as outlined in 37 CFR 1.56 . While the duty of disclosure requires applicants to disclose known material information, MPEP 704.10 gives examiners the authority to request specific information that may not have been initially disclosed. The MPEP states: ‘The examiner may require the submission, from individuals identified under 37 CFR 1.56(c), or any assignee, of such information as may be reasonably necessary to properly examine or treat the matter.’ This means that in addition to the applicant’s initial duty to disclose, examiners can request further information they deem necessary for a thorough examination. This process helps ensure that all relevant information is considered during patent prosecution. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Material Information for Patentability MPEP 2001.04 Requirement for Information Necessary to Examination MPEP 704.10 Disclosure of Presently Material Information Not Required for Past Knowledge MPEP 2001.04 Material Information Must Be Disclosed to Office Regardless of Source MPEP 2001.06 Required Examiner Can Require Reasonably Necessary Info MPEP 704.10 Permitted Disclosure of Material Information Required for Patentability MPEP 2001 Disclosure Requirement for Patentability Information MPEP 2001 Requirement for Information from Assignees MPEP 704.10 Permitted Other Related FAQs 5 FAQs Collapse Can an examiner require information about foreign applications under MPEP 704.10? How does MPEP 704.10 re...