MPEP § 707.06 — Citation of Decisions, Orders Memorandums, and Notices (Annotated Rules)
§707.06 Citation of Decisions, Orders Memorandums, and Notices
This page consolidates and annotates all enforceable requirements under MPEP § 707.06, 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.
Citation of Decisions, Orders Memorandums, and Notices
This section addresses Citation of Decisions, Orders Memorandums, and Notices. Contains: 1 prohibition and 2 guidance statements.
Key Rules
Civil Action
It is important to recognize that a federal district court decision that has been reversed on appeal cannot be cited as authority.
PTAB Jurisdiction
In citing a decision which is available to the public but which has not been published, the tribunal rendering the decision and complete data identifying the paper should be given. Thus, a decision of the Patent Trial and Appeal Board which has not been published but which is available to the public in the patented file should be cited, as “ Ex parte — —, decision of the Patent Trial and Appeal Board, Patent No. — — —, paper No. — —, — — — pages.”
Official Gazette – Patents (MPEP 1730)
When a Director’s order, notice or memorandum not yet incorporated into this manual is cited in any official action, the title and date of the order, notice or memorandum should be given. When appropriate other data, such as a specific issue of the Official Gazette may also be given.
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.
Official MPEP § 707.06 — Citation of Decisions, Orders Memorandums, and Notices
Source: USPTO707.06 Citation of Decisions, Orders Memorandums, and Notices [R-11.2013]
In citing court decisions, when it is convenient to do so, the U.S. or Federal Reporter citation should be provided; in the alternative, the USPQ citation should be given.
The citation of decisions which are not available to the public should be avoided.
It is important to recognize that a federal district court decision that has been reversed on appeal cannot be cited as authority.
In citing a decision which is available to the public but which has not been published, the tribunal rendering the decision and complete data identifying the paper should be given. Thus, a decision of the Patent Trial and Appeal Board which has not been published but which is available to the public in the patented file should be cited, as “ Ex parte — — , decision of the Patent Trial and Appeal Board, Patent No. — — — , paper No. — — , — — — pages.”
Decisions found only in patented files should be cited only when there is no published decision on the same point.
When a Director’s order, notice or memorandum not yet incorporated into this manual is cited in any official action, the title and date of the order, notice or memorandum should be given. When appropriate other data, such as a specific issue of the Official Gazette may also be given.