What types of information can a patent examiner reasonably require from an applicant?
A patent examiner can reasonably require various types of information from an applicant during the examination process. According to MPEP 704.11(a), some examples include:
- Citations of relevant journals or treatises
- Trade names of goods or services related to the claimed subject matter
- Advertising and promotional literature for goods or services embodying the claimed subject matter
- Journal articles describing goods or services related to the claimed subject matter
- Information about competing goods or services
- Identification of related pending or abandoned applications
- Explanations of technical material in publications
- Comments on relevant court decisions
The MPEP states: “Other examples, not meant to be exhaustive, of information that may be reasonably required for examination of an application include…” This indicates that the list provided is not comprehensive, and examiners may request other relevant information as needed.
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