In the patent examination, the Intellectual Property Office uses reference documents (prior art, cited documents) such as published patents, published patent applications, scientific articles, technical documents, catalogs or any information that has been made public before the filing date.
These documents are denoted as D1, D2, D3… in the examination report and are used to assess the novelty, inventive step, and industrial applicability of the invention.
❓ What to do if reference documents are cited?
When the Intellectual Property Office cites documents D1, D2…, you can choose one or a combination of the following options:
Submit a counter-argument – explain that the invention is still new, not obvious, and has a different technical effect compared to the reference documents.
Amend the claim (claim amendment) – narrow or clarify the scope of protection to avoid duplication with prior art.
Submit supporting documentation – such as test data, evidence of superior technical performance.
Appeal if there is a Formal Rejection Decision.
