How does MPEP 704.10 relate to the duty of disclosure?
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.
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