What is the legal basis for the USPTO’s authority to require information?

The USPTO’s authority to require information during patent examination is rooted in statutory law. According to MPEP 704.10:

The authority for the Office to make such requirements arises from the statutory requirements of examination pursuant to 35 U.S.C. 131 and 132.

Specifically:

• 35 U.S.C. 131 requires the USPTO to examine applications and issue patents when appropriate.
• 35 U.S.C. 132 provides for USPTO notifications to applicants and reexamination of applications.

This legal basis has been affirmed by the courts. As noted in MPEP 704.10, the Federal Circuit in Star Fruits S.N.C. v. United States upheld the USPTO’s authority to compel disclosure of information pertinent to patentability, even when the applicant disagrees with the examiner’s view of the applicable law.

To learn more:

• Patent Examination
• Information Requirements
• USPTO Authority
• Patent Law