How are copies of references supplied in design patent applications?
For information on how copies of references are supplied to applicants in design patent applications, MPEP 1513 directs us to another section: “With respect to copies of references being supplied to applicant in a design patent application, see MPEP § 707.05(a).”
This cross-reference suggests that the procedure for providing reference copies in design patent applications is similar to that of utility patents. MPEP § 707.05(a) typically covers the citation of references and the copies of references cited by the examiner.
Generally, this means that the patent examiner will provide copies of all references cited in the Office action to the applicant, unless the references are U.S. patents or U.S. patent application publications. For these, the examiner will list them on a form PTO-892, and it’s the applicant’s responsibility to obtain copies if needed.
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