What happens if there’s an error in a U.S. patent or patent application publication number in an e-IDS?
Errors in citation numbers for U.S. patents or patent application publications in an e-IDS can be problematic because examiners rely on these numbers to retrieve and review the documents electronically. The MPEP 609.07 addresses this issue:
The only mechanism for having the correct document reviewed and considered when an erroneous U.S. patent or U.S. patent application publication is cited in an e-IDS will be by citing the correct citation number in a subsequent IDS that conforms to the requirements of 37 CFR 1.97 and 1.98.
This means that if you discover an error in a citation number after submitting an e-IDS, you must file a new IDS with the correct citation number to ensure the proper document is considered. It’s crucial to double-check all citation numbers before submitting an e-IDS to avoid such issues.
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