How should examiners handle the citation of references in Office actions?

How should examiners handle the citation of references in Office actions?

Examiners must follow specific guidelines when citing references in Office actions:

1. Each reference cited should be relevant to the examination and support any rejections or objections made.
2. Citations must include all bibliographic information necessary for clear identification of the source.
3. For U.S. patents and patent application publications, the examiner should include the name of the patentee or applicant, the document number, and the publication date.
4. For foreign patents or published applications, include the country, document number, and publication date.
5. Non-patent literature should be cited with author, title, page numbers, publication date, and place of publication.

According to MPEP 707.05, ‘It is recommended that the examiner should cite all prior art considered in making the examination, including any which may be used in subsequent rejections.’ This practice ensures transparency in the examination process and provides a complete record for the applicant and future reference.

To learn more:

• reference citation
• Office action
• patent examination
• prior art