What kind of information can be requested under 37 CFR 1.105?
Under 37 CFR 1.105, the Office can request a wide range of information that is reasonably necessary for examination. The MPEP provides examples:
“The information is instead reasonably necessary to determine the state of the art, the context in which the invention is practiced, the directions in which the relevant art are advancing, the similarity between the claimed subject matter and other art worked on by the applicants and their assignees or to otherwise proceed in the examination and treatment of matters in an application.”
This means that examiners can request information that helps them understand the broader context of the invention, even if it’s not directly related to patentability. It’s important to note that this information may go beyond what an applicant would typically disclose under the duty of disclosure.
To learn more: