How should examiners handle non-patent literature from the internet?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 handle non-patent literature (NPL) from the internet as follows:

  1. Treat internet sources as non-patent literature
  2. Include them in the list of references cited (PTO-892 form)
  3. Provide copies for the applicant’s use

The MPEP states: “Internet sources … are to be treated in the same manner as other non-patent literature.” (MPEP 904.02(c))

This ensures that all relevant prior art, including internet sources, is properly documented and made available to the applicant.

Tags: internet sources, non-patent literature, prior art, pto-892 form