What types of information can an examiner request about prior art?
What types of information can an examiner request about prior art?
An examiner can request various types of information about prior art, including:
- Copies of patents, publications, or other information about prior art cited in the application but not submitted in compliant form
- Names of persons involved in developing the subject matter of the claims
- Information about improvements and criticisms of prior art inventions
- Distinguishing features of the claimed invention from the closest prior art
According to MPEP 704.11: ‘Information reasonably necessary for finding prior art may include any facts showing conception, reduction to practice, or public use or sale, in this country.’ This broad scope allows examiners to gather comprehensive information for evaluating patentability.
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