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Topic: Non Patent Literature for Information Disclosure (Read 2184 times) |
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JasonR
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Posts: 35
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Non Patent Literature for Information Disclosure
« on: Aug 21st, 2006, 5:23pm » |
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Form SB/08B
http://www.uspto.gov/web/forms/sb0008b_fill.pdf
It requests Cite No. in the second column. It says it is optional, but if I put citation numbers in my patent description, will the examiner remove them once the patent issues? If not, are the references included in the issued patent?
If I chose not to use citation numbers, how is the examiner to locate the referenced material in the description? Can I use a page/lines identifier?
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Jonathan
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Posts: 611
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Re: Non Patent Literature for Information Disclosu
« Reply #1 on: Aug 21st, 2006, 5:45pm » |
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I think the cite no. column is meant to be a tool to easily match up submitted NPL with citations listed on form SB008b.
For example, you could assign a number to each citation and then mark an upper corner of the first page of each document.
Not much point in doing it if you only submit a few NPL references but comes in handy for an IDS with numerous NPL references.
I wouldn't use the citation numbers in the patent application. You will most likely get an objection from an Examiner and you will be required to amend the specification to include proper identifiers for each NPL.
Since you are required to supply copies of each NPL document with your IDS, the Examiner will be able to access the copies you submitted.
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JasonR
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Posts: 35
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Re: Non Patent Literature for Information Disclosu
« Reply #2 on: Aug 22nd, 2006, 10:39am » |
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So what you're saying is that NPL does not have to point to specific sentences/paragraphs in the patent description? I'm just including NPL I used in drafting my patent, and it is up to the examiner to find the connection to it in the specification? If so that's much easier.
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Isaac
Senior Member
Posts: 3472
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Re: Non Patent Literature for Information Disclosu
« Reply #3 on: Aug 22nd, 2006, 11:00am » |
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on Aug 22nd, 2006, 10:39am, JasonR wrote:| So what you're saying is that NPL does not have to point to specific sentences/paragraphs in the patent description? I'm just including NPL I used in drafting my patent, and it is up to the examiner to find the connection to it in the specification? If so that's much easier. |
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I don't see any purpose served by linking the NPL to portions of the specification.
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Isaac
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Jonathan
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Posts: 611
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Re: Non Patent Literature for Information Disclosu
« Reply #4 on: Aug 22nd, 2006, 11:03am » |
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Correct - there is no requirement to comment on specific prior art references in a patent application.
It is up to the Examiner to decide if they will use any of your submitted references (patents or NPL) in any potential rejections of the claims. I think that is what you are asking, not entirely sure though.
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