How does the information required under 37 CFR 1.105 differ from that required under 37 CFR 1.56?
The information required under 37 CFR 1.105 differs from that required under 37 CFR 1.56 in terms of its scope and purpose. The MPEP explains:
“Unlike 37 CFR 1.56, applicant is required by 37 CFR 1.105 to submit information that may not be material to patentability in itself, but that is necessary to obtain a complete record from which a determination of patentability may be determined.”
This means that while 37 CFR 1.56 focuses on information material to patentability, 37 CFR 1.105 can require a broader range of information that helps build a complete record for examination. This could include contextual information about the invention or the state of the art, even if it doesn’t directly impact patentability.
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