What types of information can an examiner require under MPEP 704.10?

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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. Under MPEP 704.10 , an examiner can require various types of information from an applicant. These include: Technical information known to the applicant concerning the invention Commercial information regarding the invention or its development Prior art that may be material to patentability Factual information about the applicant’s disclosure, such as dates of public use or sale Information on related applications or publications The MPEP states: “The examiner may require information to support the enablement, written description, or utility of an application.” This broad scope allows examiners to gather necessary information for a thorough examination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Can Require Reasonably Necessary Info MPEP 704.10 Permitted Examiner May Require Information on Pre-AIA Prior Art MPEP 2135 Permitted Examiner Can Require Pertinent Information MPEP 704.10 Permitted Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Material Information for Patentability Required MPEP 704.12(a) Office Can Require Pertinent Disclosure MPEP 704.10 Requirement for Information from Assignees MPEP 704.10 Permitted Requirement for Factual Information Not Opinions MPEP 704.11 Required Information Requirement Not Jeopardizing Candor and Good Faith MPEP 704.11 Requirement for Reasonably Necessary Information MPEP 704.11 Required Other Related FAQs 5 FAQs Collapse Can an examiner make a requirement for information after a final Office action? What happens if the required information is unknown or not readily available? What are the time limits for responding to a requirement for information? What are the time limits for responding to a requ...