What types of information can an examiner request under MPEP 704?
MPEP 704 provides guidance on the types of information an examiner can request during patent examination. According to 37 CFR 1.105, as referenced in MPEP 704, examiners can require:
- Technical information about the invention
- Search results from other patent offices or commercial databases
- Copies of articles or other prior art mentioned in the application
- Information about related applications or patents
- Factual information about the applicant’s disclosure
- Explanations of how certain terms are used in the application
The section states: The examiner may require the submission, from individuals identified under 37 CFR 1.56(c), or any assignee, of such information as may be reasonably necessary to properly examine or treat the matter.
It’s important to note that the requested information must be reasonably necessary for the examination and not already available to the examiner.
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