How should court decisions be cited in patent examination?

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 citing court decisions in patent examination, it’s preferable to provide the U.S. or Federal Reporter citation when convenient. Alternatively, the USPQ (United States Patent Quarterly) citation can be given. The MPEP states:

“In citing court decisions, when it is convenient to do so, the U.S. or Federal Reporter citation should be provided; in the alternative, the USPQ citation should be given.”

It’s important to note that citations of decisions not available to the public should be avoided. Additionally, federal district court decisions that have been reversed on appeal should not be cited as authority.