What is the examiner’s responsibility regarding NPL citations in an IDS?
What is the examiner’s responsibility regarding NPL citations in an IDS?
Examiners have specific responsibilities when handling Non-Patent Literature (NPL) citations in an Information Disclosure Statement (IDS):
- The examiner should indicate that all references have been considered, except where lined through.
- For NPL, the examiner should ensure that bibliographic information is complete and legible.
- If bibliographic information is not complete and legible, the examiner may choose not to consider the reference.
The MPEP 609.05(b) states: “The examiner must also consider all the information properly submitted in an IDS in the same manner that the examiner considers other documents in Office search files while conducting a search of the prior art in a proper field of search.”
Additionally, “If an item of information in an IDS fails to comply with all the requirements of 37 CFR 1.97 and 37 CFR 1.98, that item of information in the IDS will not be considered and a line should be drawn through the citation to show that it has not been considered.”
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Topics:
Patent Law,
Patent Procedure