What are the requirements for submitting documents as evidence in a reply to an 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 submitting documents as evidence in a reply to an Office action, applicants do not need to comply with the information disclosure rules (37 CFR 1.97 and 37 CFR 1.98) for the examiner to consider the information. The MPEP states:

“To the extent that a document is submitted as evidence directed to an issue of patentability raised in an Office action, and the evidence is timely presented, applicant need not satisfy the requirements of 37 CFR 1.97 and 37 CFR 1.98 in order to have the examiner consider the information contained in the document relied on by applicant.”

However, the examiner’s consideration may be limited to the portion of the document relied upon as rebuttal evidence.