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

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.

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.”