How should information from copending applications be cited to the examiner?

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.

According to MPEP 2001.06(b), information from copending applications should be cited to the examiner in a specific manner:

“The examiner should be informed of any material information from the other application. The manner in which such information is brought to the attention of the examiner will, of course, vary depending on the circumstances.”

Here are some guidelines for citing information from copending applications:

• Use an Information Disclosure Statement (IDS) to disclose the copending application and any relevant documents.
• If the copending application is not yet published, provide the application number, filing date, and any relevant portions of the specification or claims.
• For published applications or patents, cite them using their publication numbers or patent numbers.
• Explain the relevance of the cited information to the current application’s patentability.
• If the information becomes material during prosecution, submit a supplemental IDS promptly.

It’s important to be thorough and timely in disclosing this information to ensure compliance with the duty of disclosure and to facilitate a complete examination of the application.