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