Patent bar Duty of disclosure, IDS and third-party submissions question: Japanese patent publication in Japanese

Patent barDuty of disclosure, IDS and third-party submissions

An IDS lists a U.S. patent, a Japanese patent publication in Japanese, and a journal article in English. Which copies must the applicant provide under 37 CFR 1.98?

A No copies, because the Office has access to all documents
B Only the journal article
C Copies of all three documents, including the U.S. patent
D Only the U.S. patent
E The Japanese document and the article, not the U.S. patent

Show the answer and explanation

Answer: E. The Japanese document and the article, not the U.S. patent

Answer: The Japanese document and the article, not the U.S. patent. 37 CFR 1.98(a)(2) requires a legible copy of each foreign patent document, non-patent publication and other listed item, but not of U.S. patents or U.S. patent application publications (unless required by the Office). For the non-English Japanese document, a concise explanation of relevance (or an existing translation, or a foreign search report indicating relevance) is also required (MPEP 609.04(a)). Why not the others: - All three: U.S. patents are excepted. - U.S. patent only: that is the one item not needed. - No copies: copies of foreign and non-patent items are required. - Only the article: the foreign patent publication also needs a copy. Rule: Copy every listed item except U.S. patents and U.S. application publications; explain non-English items. Source: MPEP § 609.04(a) (9th ed., Rev. 01.2024); 37 CFR 1.98(a); as at Oct 2026

Common mistake

Sending copies of U.S. patents and forgetting non-English explanations.

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.