What happens if an incorrect citation of a reference is discovered in a patent application?

When an incorrect citation of a reference is discovered in a patent application, the action taken depends on who discovers the error:

• If discovered by the applicant: The applicant should notify the Office. As stated in MPEP 707.05(g), “Where an error in citation of a reference is brought to the attention of the Office by applicant, a letter correcting the error, together with a correct copy of the reference, is sent to applicant.”
• If discovered by the examiner: The examiner will notify the applicant and restart the period for reply. The MPEP states, “Where the error is discovered by the examiner, applicant is also notified and the period for reply restarted.”

In both cases, the Office will take corrective action to ensure the accuracy of the patent examination process.

To learn more:

• patent citation
• reference errors
• patent examination
• USPTO communication