What are the limits on the number of references in an e-IDS?
An e-IDS has specific limits on the number of references that can be included. According to MPEP 609.07: An individual e-IDS may contain a listing of (1) a combined total of 50 U.S. patents and U.S. patent application publications, (2) 50 foreign patent documents, and (3) 50 NPLs. Applicants are permitted to file more than…
Read MoreWhat information is printed on a patent regarding citations?
Citations considered by the examiner and listed on form PTO/SB/08 or an equivalent separate paper will be printed on the patent. The MPEP states: A citation listed on form PTO/SB/08 and considered by the examiner will be printed on the patent. However, for the separate paper to be printed, it must meet specific formatting requirements:…
Read MoreWhat happens if a considered citation is not printed on the patent?
Even if a citation considered by the examiner is not printed on the patent, there is still a record of its consideration. The MPEP clarifies: If a citation is not printed on the patent but has been considered by the examiner, the patented file will reflect that fact as noted in MPEP § 609.05(b). This…
Read MoreWhat happens if classification information for a citation is incorrect or missing?
The MPEP provides clear guidance on how the USPTO handles incorrect or missing classification information for citations: If the applicant does not provide classification information for a citation, or if the examiner lines through incorrect classification data, the citation will be printed on the face of the patent without the classification information. This means that…
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