How does an examiner handle a large number of cited references in an IDS?
How does an examiner handle a large number of cited references in an IDS?
When an examiner encounters a large number of cited references in an Information Disclosure Statement (IDS), they should:
- Review each reference to the extent required to form an initial assessment of its relevance.
- Focus more attention on those references that appear to be most relevant to the claimed invention.
- Consider the references in light of the detailed explanations provided by the applicant, if any.
- Document their consideration by initialing each citation, regardless of perceived relevance.
The MPEP 609.05(b) states: ‘In the event that a large number of documents are submitted and applicant’s explanation of relevance is minimal, the examiner may determine that the applicant has not complied with 37 CFR 1.98.’
However, it’s important to note that the examiner should not automatically consider the submission of a large number of references as an attempt to overwhelm the examiner. Each case should be evaluated on its own merits, and the examiner should make a good faith effort to review all cited references.
To learn more:
Topics:
Patent Law,
Patent Procedure