MPEP § 903.07(a) — Cross-Referencing Design and Plant Applications — Keep Systematic Notes During Prosecution (Annotated Rules)

§903.07(a) Cross-Referencing Design and Plant Applications — Keep Systematic Notes During Prosecution

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 903.07(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Cross-Referencing Design and Plant Applications — Keep Systematic Notes During Prosecution

This section addresses Cross-Referencing Design and Plant Applications — Keep Systematic Notes During Prosecution. Contains: 1 requirement and 2 guidance statements.

Key Rules

Topic

Statutory Authority for Examination

2 rules
MPEP GuidanceRecommendedAlways
[mpep-903-07-a-d9e78d10134632fb31967adc]
Systematic Notes for Cross-References During Prosecution
Note:
Examiners must keep systematic notes on cross-references needed due to claimed or unclaimed disclosure during the examination of design or plant applications.

Throughout the examination of a design or plant application, systematic notes should be kept as to cross-references needed either due to claimed or unclaimed disclosure. Examiners handling related subject matter should be consulted during prosecution (whether they handle larger unclaimed combinations or claimed or unclaimed, but disclosed, subcombinations), and asked if cross-references are needed.

Jump to MPEP SourceStatutory Authority for ExaminationExamination ProceduresMaintenance Fee Payment
MPEP GuidanceRecommendedAlways
[mpep-903-07-a-ed6a0807d760b616738b812b]
Examiners Must Be Consulted During Prosecution
Note:
During the examination of a design or plant application, examiners handling related subject matter should be consulted to determine if cross-references are needed for claimed or unclaimed disclosures.

Throughout the examination of a design or plant application, systematic notes should be kept as to cross-references needed either due to claimed or unclaimed disclosure. Examiners handling related subject matter should be consulted during prosecution (whether they handle larger unclaimed combinations or claimed or unclaimed, but disclosed, subcombinations), and asked if cross-references are needed.

Jump to MPEP SourceStatutory Authority for ExaminationExamination ProceduresMaintenance Fee Payment
Topic

Access to Patent Application Files (MPEP 101-106)

1 rules
MPEP GuidanceRequiredAlways
[mpep-903-07-a-c2a9e1860ae9adc696e8dad7]
Consultation Requirement for Classification and Cross-Reference
Note:
Each consultation on classification and cross-reference must be recorded in SEARCH NOTES with examiner details, date, and results.

Each consultation involving a question of the propriety of the classification of subject matter and/or the need for a cross-reference must be recorded in the SEARCH NOTES box on the file wrapper and must include: the name of each examiner consulted, the date that the consultation took place, and the results of the consultation including the consulted examiners’ or examiner’s indication of where claimed subject matter is properly classified and where subject matter disclosed but unclaimed is properly classified and whether or not a cross-reference is needed.

Jump to MPEP SourceAccess to Patent Application Files (MPEP 101-106)Certified Copies of DocumentsSecrecy Orders

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31