May I Submit Citations of Newly-received Issued Patents Relevant to My Application as Post-submission Materials?

Yes. Citations of newly-received issued patents are allowable post-submission materials, because issuance of the patent is not in the control of the investigator.

A citation of a patent must include the names of the inventors, patent title, issued patent number (including country designation, e.g, US for USA), filing date, and the date the patent was issued:

 Smith, Samuel S., and John J. Jones. Method of citing issued patents. US Patent #,###,###, filed December 31, 2015, and issued December 27, 2016.

The AOR and PI may submit citations of issued patents as post-submission materials, but copies of patent applications or patents, or any other materials related to a patent application or granted patent will not be accepted as post-submission materials, unless specified in the Funding Opportunity Announcement (FOA) for which the application was submitted or in a special Guide Notice.

See NOT-OD-17-066 and our post-submission policy FAQs for more information.

 

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