Examination support document

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An examination support document, or ESD, is a submission to the United States Patent and Trademark Office by an applicant for a United States patent. An ESD must comprise at least:

  • A statement that a prior art search was done including the fields of search and search logic;
  • A listing of the references deemed most closely related to the claims pending in the patent application;
  • An identification in each reference of all of the limitations in each claim found in said reference.
  • A detailed explanation pointing out how each independent claim is allowable over the prior art; and
  • A showing of where each limitation in each claim is found in the specification the patent application.

As of November 1, 2007, examination support documents will be required for each patent application that has more than 5 independent claims or more than 25 dependent claims that has not had a first office action on the merits of its claims. [1]

Examination support documents are controversial. Many US patent agents or attorneys feel that they force and inventor to, in essence, examine his or her own application. Others feel that they will help speed up patent examination and improve patent quality. [2]

Europe and Japan have no requirement for an ESD.

[edit] References

  1. ^ “37 CFR Part 1 Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications; Final Rule”, Federal Register / Vol. 72, No. 161 / Tuesday, August 21, 2007 / Rules and Regulations, pp 46716 – 46843
  2. ^ “USPTO Guidelines for Examination Support Documents (ESD)” Patently O blog and comments. Original posting September 13, 2007