What are the limits on the number of references in an e-IDS?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

An e-IDS has specific limits on the number of references that can be included. According to MPEP 609.07:

An individual e-IDS may contain a listing of (1) a combined total of 50 U.S. patents and U.S. patent application publications, (2) 50 foreign patent documents, and (3) 50 NPLs. Applicants are permitted to file more than one e-IDS if these numbers are exceeded.

If you need to submit more references than these limits allow, you can file multiple e-IDSs. However, be aware of potential fee implications if submitting multiple e-IDSs that require a fee under 37 CFR 1.17(p).

Topics: Patent Law Patent Procedure
Tags: E Ids, Patent Citations, Reference Limits