How are references from the international search report considered in a PCT national stage application?
In a PCT national stage application, the examiner will consider all U.S. patents, U.S. patent application publications, and U.S. pending applications cited in the international search report that are stored electronically in the USPTO’s Image File Wrapper (IFW) system. As stated in MPEP 609.03:
“The examiner will consider other documents cited in the international search report when the Form PCT/DO/EO/903 in the national stage application indicates that both the international search report and the copies of the documents are present in the national stage file.”
The examiner should indicate in the first Office action that the information has been considered. However, these citations will not be printed on the face of the patent unless they are listed on a form that can be easily captured by the Office printing contractor.
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