Are there any exceptions to how references are cited in patent examinations?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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.