How should unpublished U.S. patent applications be cited in an Information Disclosure Statement?

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.

When citing unpublished U.S. patent applications in an Information Disclosure Statement (IDS), you must include:

• The U.S. patent application publication number
• The applicant
• The filing date
• If available, the U.S. patent application publication date
• The patent application number

The MPEP 609.04(a) states: Each U.S. application listed in an information disclosure statement must be identified by the inventor, application number, and filing date.

It’s important to note that if an application has been published, you should cite it as a U.S. patent application publication rather than as an unpublished application.