Can an examiner request copies of cited NPL documents not submitted with an IDS?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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, an examiner can request copies of cited Non-Patent Literature (NPL) documents that were not submitted with an Information Disclosure Statement (IDS) under certain circumstances: If the NPL citation is incomplete or illegible, the examiner may request a legible copy. If the NPL document is not readily available to the examiner, they may request a copy from the applicant. The examiner should only request copies of documents that seem particularly relevant to the claimed invention. According to MPEP 609.05(c) : “The examiner may request copies of only those documents cited in the information disclosure statement that are not present in the Office’s files if the examiner believes the documents to be readily available.” However, it’s important to note that: “The Office should not require copies of U.S. patents and U.S. patent application publications cited in an IDS, unless required by the first sentence of 37 CFR 1.98(d).” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Proper Information Disclosure Statement MPEP 609 Examiner Will Consider Information Disclosure Statement MPEP 609 Information Disclosure Statement Must Include Specific Items MPEP 609 Required Information Disclosure Statement Requires Previous Submissions MPEP 609 Required Requirement for Information Disclosure Statement MPEP 609 Information Disclosure Statement Not Compliant Without Fee and Form Filing MPEP 609.05(c) Timing for Filing Information Disclosure Statement Required MPEP 609 Required Late Filing of Information Disclosure Statement Allowed With Fee MPEP 609 Required Fee for Information Disclosure Statement MPEP 609 Information Disclosure Statement Before Issue Fee Payme...