How should examiners cite foreign patents and non-patent literature in USPTO office actions?
Examiners should follow specific guidelines when citing foreign patents and non-patent literature in USPTO office actions:
- Foreign Patents: Cite the country, document number, date of publication, name of patentee, and pages or columns of the relevant material.
- Non-Patent Literature: Include the author (if any), title of the publication, date, pages, and place of publication.
According to MPEP 707.05: “If a foreign patent or non-patent literature document is cited, the publication date should be provided.” The MPEP also states: “Applicant’s submissions should be checked to see if any foreign patent has been indicated as an equivalent, published application or if any translation has been submitted.”
To learn more: