What types of information can an examiner require under MPEP 704?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 MPEP 704, an examiner has the authority to require various types of information that are reasonably necessary for proper examination. According to MPEP 704.11, this may include:
- Technical information about the invention
- Prior art references known to the applicant
- Information used in the invention process
- Details about the applicant’s own publications
- Factual information about the applicant’s inventorship
The MPEP states: “The examiner may require both particular and non-particular information.” This means the examiner can ask for specific documents or general categories of information relevant to the examination.