How are foreign patent family members handled in USPTO searches?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 2 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. The USPTO considers foreign patent family members in its searches, as indicated in the MPEP: “ Both the foreign patent document and its English language equivalent, if one exists, may be cited if both are separately listed and designated as such in the citation. “ This approach ensures: Comprehensive coverage of prior art Access to potentially more detailed or different descriptions in various jurisdictions Consideration of language variations that might affect patentability Related Rules from the Manual of Patent Examining Procedure 2 rules Collapse Requirement for Examiner's Action Under 1.104(a)(1) MPEP 901 Same Prior Art for Reissue as Original MPEP 1440 Permitted Other Related FAQs 5 FAQs Collapse Can an abandoned application be used as prior art? What are the exceptions to the 18-month publication rule for patent applications? What is the significance of abandoned applications in patent examination? How should foreign patents and foreign published applications be cited? What information should be included when citing U.S. patent documents?