How should examiners cite foreign patents and non-patent literature in USPTO office actions?

Examiners should follow specific guidelines when citing foreign patents and non-patent literature in USPTO office actions:

  • Foreign Patents: Cite the country, document number, date of publication, name of patentee, and pages or columns of the relevant material.
  • Non-Patent Literature: Include the author (if any), title of the publication, date, pages, and place of publication.

According to MPEP 707.05: “If a foreign patent or non-patent literature document is cited, the publication date should be provided.” The MPEP also states: “Applicant’s submissions should be checked to see if any foreign patent has been indicated as an equivalent, published application or if any translation has been submitted.”

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Tags: citation format, office actions