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Are there any exceptions to how references are cited in patent examinations?

By russ.krajec@blueironip.com | September 10, 2024
A

Are there any exceptions to how references are cited in patent examinations?

Yes, there are exceptions to the general citation procedures in patent examinations. MPEP 707.05(c) notes:

With the exception of applicant submitted citations, MPEP § 609 and § 708.02, it is recommended that the pertinent features of references which are not used as a basis for rejection be pointed out briefly.

This means that applicant-submitted citations and references discussed in MPEP § 609 (Information Disclosure Statements) and § 708.02 (Petition to Make Special) may be handled differently. For these exceptions, the examiner may not need to provide brief descriptions of pertinent features if the references are not used as a basis for rejection.

To learn more:

  • Citation Exceptions
  • Applicant Submitted Citations
  • Information Disclosure Statements
  • Petition to Make Special
Tags: Applicant Submitted Citations, Citation Exceptions, Information Disclosure Statements, petition to make special
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