What information should be included when citing a prior application in MPEP ¶ 2.05?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 a prior application using MPEP ¶ 2.05, specific information must be included. The MPEP instructs examiners:

“In brackets 1 and 2, insert the application number (series code and serial number) and filing date of the prior application, respectively.”

This means that when referencing a prior application, the examiner should provide:

  • The application number, including both the series code and serial number
  • The filing date of the prior application

Including this information ensures clear identification of the specific prior application being referenced.

For more information on continuation application, visit: continuation application.

For more information on patent examination, visit: patent examination.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 201 - Types of Applications Patent Law Patent Procedure
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