Can applicants cite documents that are not prior art in patent applications?
Yes, applicants can and are encouraged to cite documents that are not strictly prior art if they are relevant to the examination process. MPEP 707.05(b) states:
‘Applicants may cite related art which is not prior art in accordance with MPEP § 609.’
This means that applicants can provide information about documents that may not qualify as prior art under 35 U.S.C. 102 but are still relevant to the claimed invention. Such documents might include:
- Contemporaneous developments
- Later publications that provide context or explain the technology
- Documents showing the state of the art in related fields
By citing these documents, applicants can help provide a more comprehensive background for the examiner, potentially leading to a more thorough and efficient examination process.
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