How should foreign patent documents be cited in an IDS?
How should foreign patent documents be cited in an IDS?
When citing foreign patent documents in an Information Disclosure Statement (IDS), specific information must be provided to ensure proper identification. According to MPEP 609.04(a):
“Each foreign patent or published foreign patent application listed in an information disclosure statement must be identified by the country or patent office which issued the patent or published the application, an appropriate document number, and the publication date indicated on the patent or published application.”
Additionally, the MPEP provides guidance on citing specific types of foreign patent documents:
- Published applications: Provide the application number, the publication date, and the name of the patent office.
- Patents: Include the name of the patentee, the date of the patent, the country, and the patent number.
- Abstract-only citations: If only the abstract is being cited, clearly indicate this fact.
For non-English language foreign patent documents:
- A concise explanation of relevance is required unless a complete translation is provided.
- If a search report cites the document, submitting an English-language version of the search report indicating the degree of relevance can satisfy the explanation requirement.
Providing accurate and complete information for foreign patent documents helps examiners efficiently locate and consider these references during the examination process.
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