What types of information can an examiner request under MPEP 704?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Can Require Reasonably Necessary Info MPEP 704.10 Permitted Examiner Can Require Pertinent Information MPEP 704.10 Permitted Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Requirement for Information Necessary to Examination MPEP 704.10 Information Required for Examination Must Be Reasonably Necessary MPEP 704.11 Art Submitted with 37 CFR 1.105 Must Be Considered MPEP 704.14(b) Required Requirement for Reasonably Necessary Information MPEP 704.11 Required Requirement for Information Under 37 CFR 1.105 MPEP 704.14(a) Required Information Requirement with Merits Action MPEP 704.11(b) Permitted Office Can Require Pertinent Disclosure MPEP 704.10 Other Related FAQs 5 FAQs Collapse What authority do patent examiners have un...