Examination support document

An examination support document (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]

Additionally, any and all statements made in the Examination Support Document can potentially be used to invalidate the patent later on as under the Doctrine of Inequitable conduct in a litigation proceeding.

Europe and Japan have no requirement for an ESD.

References