How can applicants ensure references from the international search report are printed on the resulting patent?
To ensure that references from the international search report are printed on the resulting patent, applicants must provide a separate listing of these references. According to MPEP 609.03:
“In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for reply to this Office action.”
This separate listing should be submitted within the set period for reply to the Office action or, if the application is ready for allowance, within ONE MONTH of the mailing date of the Notice of Allowability. It’s important to note that no extension of time will be granted to comply with this requirement if the application is ready for allowance.
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Topics:
Patent Law,
Patent Procedure