How should examiners cite foreign patents and non-patent literature?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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 follow specific guidelines when citing foreign patents and non-patent literature (NPL) in patent applications. According to MPEP 707.05(a):
For foreign patents:
- Cite the country, document number, and publication date (WIPO Standard ST.14 format).
- Include the applicant’s name, the title in English (if available), and the relevant pages or sheets.
For NPL:
- Provide sufficient information for others to retrieve the reference.
- Include author, title, page numbers, publication date, and place of publication.
- For online sources, include the URL and access date.
The MPEP states: ‘Examiners must remember that reference citations must be complete and give the relevant data needed for a reader to locate the reference easily.’ This ensures that applicants and other examiners can easily access and review the cited references.