What is the purpose of requiring information under 37 CFR 1.105?
The purpose of requiring information under 37 CFR 1.105 is to obtain a complete record for determining patentability. The MPEP explains:
“Information required by the examiner pursuant to 37 CFR 1.105 would not necessarily be considered material to patentability in itself, but would be necessary to obtain a complete record from which a determination of patentability will be made.”
This means that while the information requested may not directly impact patentability, it helps the examiner to:
- Thoroughly examine the application
- Understand the context of the invention
- Make informed decisions about patentability
The broader scope of 37 CFR 1.105 allows examiners to gather relevant information that might not be captured under the more stringent materiality standard of 37 CFR 1.56.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2005 - Comparison To Requirements For Information,
Patent Law,
Patent Procedure