What are the requirements for citing prior art in a patent examiner’s office action?

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 prior art in an office action, patent examiners must follow specific requirements to ensure clarity and completeness. According to MPEP 707.05, examiners should:

• Cite domestic and foreign patents by document number, kind code, and date
• Include the name of the patentee for domestic patents
• Cite non-patent literature with sufficient detail for identification
• Indicate relevant pages, sections, or lines where the specific pertinent subject matter may be found

The MPEP states: ‘In citing references, the examiner should remember that breath is not necessarily a virtue in a reference citation, and that brievity and pointedness are important.’ This approach helps applicants quickly locate and understand the relevance of cited prior art to their application.