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

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’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.