How does the USPTO handle additional information submitted by applicants in response to examiner requests?

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.

The USPTO has specific procedures for handling additional information submitted by applicants in response to examiner requests. According to MPEP 707.05(b), “Information submitted by applicant in the manner provided in MPEP § 704.10 et seq. will not be supplied with an Office action.”

This means that while the examiner will consider the submitted information during the examination process, they will not include copies of this information with their official communications (Office actions) to the applicant. The examiner is still obligated to conduct their own independent prior art search and may cite other relevant prior art they discover during this process, regardless of the information submitted by the applicant.

Tags: office action, patent examination, USPTO