What types of information can the USPTO require under 37 CFR 1.105?
The USPTO can require a wide range of information under 37 CFR 1.105. According to MPEP 704.10, this may include:
- Commercial databases relevant to the invention
- Search history of prior art
- Related non-patent literature, published applications, or patents
- Information used to draft the application
- Information used in the invention process
- Identification of improvements
- Known uses of the claimed invention
- Technical information known to the applicant
The regulation states:
The examiner or other Office employee may require the submission, from individuals identified under § 1.56(c), or any assignee, of such information as may be reasonably necessary to properly examine or treat the matter.
This broad authority allows examiners to request any information that they deem necessary for a thorough examination of the application.
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