Do I need to submit copies of U.S. patents and patent application publications with an e-IDS?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

No, you do not need to submit copies of U.S. patents and patent application publications when filing an e-IDS. The MPEP 609.07 states:

Copies of U.S. patents and U.S. patent application publications cited in the IDS are not required to be submitted by the applicants with the e-IDS.

However, it’s important to note that for foreign patent documents, non-patent literature (NPLs), and unpublished U.S. patent applications not stored in the Office’s Image File Wrapper (IFW) system, you must submit PDF copies using EFS-Web.

Topics: Patent Law Patent Procedure
Tags: document submission, E Ids, Patent Application Publications, Us Patents