How should examiners handle cross-referencing for design and plant applications during prosecution?

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.

Examiners should maintain systematic notes for cross-referencing design and plant applications throughout the examination process. The MPEP provides specific guidance:

Throughout the examination of a design or plant application, systematic notes should be kept as to cross-references needed either due to claimed or unclaimed disclosure.

Key points for examiners:

• Consult with examiners handling related subject matter.
• Record each consultation in the SEARCH NOTES box on the file wrapper.
• Include the name of each examiner consulted, consultation date, and results.
• Provide cross-references for all CLAIMED disclosure where possible.
• Insert cross-references in the issuing classification boxes at the time of issue.

This process ensures comprehensive and accurate classification of design and plant applications.