What happens if a considered citation is not printed on the patent?
Even if a citation considered by the examiner is not printed on the patent, there is still a record of its consideration. The MPEP clarifies:
If a citation is not printed on the patent but has been considered by the examiner, the patented file will reflect that fact as noted in MPEP § 609.05(b).
This means that while the citation may not appear on the face of the patent, the official file history maintained by the USPTO will contain evidence that the examiner considered the citation during the examination process. This information can be important for understanding the full scope of prior art considered during patent prosecution.
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Topics:
Patent Law,
Patent Procedure