How are new references cited when a patent application is in issue?

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.

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.