Who can be required to submit information under 37 CFR 1.105?

The USPTO can require information from a wide range of individuals and entities associated with a patent application. According to MPEP 704.10:

The scope of 37 CFR 1.105 is extended to any assignee or anyone to whom there is an obligation to assign the application because the information required may be known to some members of the assignee or obligated assignee even if not known by the inventors.

This includes:

  • Individuals identified under 37 CFR 1.56(c) (inventors, attorneys, and others involved in the preparation or prosecution of the application)
  • Any assignee of the application
  • Anyone to whom there is an obligation to assign the application

This broad scope ensures that the USPTO can obtain necessary information from all relevant parties who might possess it, even if the inventors themselves are not aware of the information.

To learn more:

Tags: duty of disclosure, information requirements, patent examination, USPTO procedures