How should unpublished decisions be cited in patent examination?
When citing unpublished decisions that are available to the public, it’s crucial to provide complete identifying information. The MPEP provides specific guidance:
“In citing a decision which is available to the public but which has not been published, the tribunal rendering the decision and complete data identifying the paper should be given.”
For example, an unpublished Patent Trial and Appeal Board decision should be cited as follows:
“Ex parte — — , decision of the Patent Trial and Appeal Board, Patent No. — — — , paper No. — — , — — — pages.”
It’s important to note that decisions found only in patented files should be cited only when there is no published decision on the same point.
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