What is the purpose of 37 CFR 1.105 in patent examination?

The purpose of 37 CFR 1.105 in patent examination is clearly stated in the MPEP:

The purpose of 37 CFR 1.105 is to improve patent quality, and render better decisions, and not to put applicants in jeopardy of meeting their duties of candor and good faith in their replies to a requirement for information.

This regulation allows examiners to request information that is reasonably necessary for proper examination or treatment of a matter in a patent application. By obtaining relevant information, examiners can:

  • Conduct more thorough and accurate examinations
  • Make better-informed decisions regarding patentability
  • Improve the overall quality of issued patents

It’s important to note that the requirement for information is not intended to burden applicants unnecessarily or to question their compliance with the duty of candor and good faith. Instead, it’s a tool to facilitate a more comprehensive examination process.

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Tags: 37 CFR 1.105, information requirements, patent examination