Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Errors in citation numbers for U.S. patents or patent application publications in an e-IDS can be problematic because examiners rely on these numbers to retrieve and review the documents electronically. The MPEP 609.07 addresses this issue:
The only mechanism for having the correct document reviewed and considered when an erroneous U.S. patent or U.S. patent application publication is cited in an e-IDS will be by citing the correct citation number in a subsequent IDS that conforms to the requirements of 37 CFR 1.97 and 1.98.
This means that if you discover an error in a citation number after submitting an e-IDS, you must file a new IDS with the correct citation number to ensure the proper document is considered. It’s crucial to double-check all citation numbers before submitting an e-IDS to avoid such issues.
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