What type of information can an examiner require under 37 CFR 1.105?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Under 37 CFR 1.105 , an examiner can require information that is reasonably necessary to examine or treat a matter in an application. This includes: Information relevant to examination either procedurally or substantively Information beyond what is defined as material to patentability under 37 CFR 1.56 Information that may not be directly useful to support a rejection or conclusively decide patentability The MPEP cites the Star Fruits S.N.C. v. United States case, which states: “‘such information as may be reasonably necessary to properly examine or treat the matter,’ 37 C.F.R. 1.105(a)(1), contemplates information relevant to examination either procedurally or substantively. It includes a zone of information beyond that defined by section 1.56 as material to patentability, and beyond that which is directly useful to support a rejection or conclusively decide the issue of patentability.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Individuals Must Disclose Material Information MPEP 2000 Examiner May Require Assignee Information MPEP 2005 Permitted Other Related FAQs 5 FAQs Collapse Wh...