How does MPEP 704 address the examiner’s authority to require information?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 addresses the examiner’s authority to require information from applicants under 37 CFR 1.105. This authority is crucial for ensuring a thorough examination of patent applications.

According to MPEP 704:

An examiner or other Office employee 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 authority allows examiners to:

  • Request additional information relevant to patentability
  • Seek clarification on technical aspects of the invention
  • Obtain information about related applications or patents
  • Request copies of specific documents mentioned in the application

The section also outlines the proper procedures for making such requests and the applicant’s obligations to respond.

Tags: 37 CFR 1.105, 37 Cfr 1105, examiner authority, information requirements, patent examination