What technical information can a patent examiner request during examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
During the examination process, a patent examiner can request various types of technical information to better understand the invention. According to MPEP 704.11, this may include:
- Technical explanations or theories of operation
- Specific technical characteristics of the invention
- Experimental data or test results
- Computer programs or software code, if relevant
The MPEP specifically mentions:
“Computer programs described in the application but not submitted (e.g., computer programs referred to in the specification but not provided).”
Examiners may request this information to fully assess the patentability of the invention, including its novelty, non-obviousness, and enablement.