What commercial information can examiners request about the invention?
What commercial information can examiners request about the invention?
Examiners can request various types of commercial information related to the invention. According to MPEP 704.11, this may include:
- ‘Information on any use of the claimed invention known to any of the inventors at the time the application was filed notwithstanding the date of the use.’
- Details about public use or sale of the invention in the United States
- Information about commercial success or failure of the invention
- Market research or consumer feedback related to the invention
- Licensing agreements or commercial partnerships involving the invention
This commercial information helps examiners assess factors such as non-obviousness, utility, and potential statutory bars to patentability under 35 U.S.C. 102. It provides context for the invention’s practical application and market impact.
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