How are new references cited when a patent application is in issue?
When new references need to be cited after a patent application has entered the issue process, a specific procedure is followed. According to MPEP 1302.12:
Any new reference cited when the application is in issue, under the practice of MPEP § 1308.01, should be added by way of a PTO-892 or PTO/SB/08.
This process involves:
- Identifying relevant new references after the application has been allowed
- Using Form PTO-892 (Notice of References Cited) for examiner-cited references
- Using Form PTO/SB/08 (Information Disclosure Statement) for applicant-submitted references
- Ensuring the new references are properly recorded and considered
For more details on citing new references during the issue process, refer to MPEP § 1308.01. This practice allows for the inclusion of newly discovered relevant prior art even at a late stage in the patent prosecution process.
To learn more: