IDS reference copies: what must you attach?
A clean SB/08 citation list does not replace the copies required by 37 CFR 1.98. This checklist separates reference types so the person assembling the Patent Center upload can see what still needs a PDF.
By Paralegaless · Sources checked 2026-10-05 · For U.S. patent practitionersCopy checklist by reference type
| Reference | Copy with the IDS? | Review point |
|---|---|---|
| U.S. patent or published U.S. application | Generally no | Confirm the citation is complete; the Office may require a copy in a particular case. |
| Foreign patent document | Generally yes | Use a legible copy of the cited publication, not only a family member. |
| Non-patent literature | Generally yes | Supply the publication, or the portion that caused it to be listed. |
| Pending unpublished U.S. application | Depends | Check the specification, claims and drawings requirement and the Office file-wrapper exception. |
| Other information, such as an office action | Generally yes | List it separately and supply the relevant material. |
These are the general rules in MPEP § 609.04(a) and 37 CFR 1.98(a)(2). That source discusses exceptions and how to identify each type; use it for unusual documents.
Non-English references need a separate check
For a non-English item, 37 CFR 1.98(a)(3) calls for a concise explanation of its relevance as presently understood by the knowledgeable person. If a written English translation is in the possession, custody or control of, or readily available to, the designated person, a copy of that translation must accompany the IDS. An English patent family member can help a reviewer understand a disclosure, but it is not automatically a translation of the cited document.
A quick packet review
- Match each SB/08 line to the exact document number and publication date on its PDF.
- Open each attached file and check that all relevant pages are legible.
- Mark missing paywalled papers for a licensed copy from the firm; do not substitute only a metadata page.
- Keep the editable SB/08 distinct from any merged reading copy, then upload the form and required references in Patent Center.
Paralegaless finds open copies where available and flags missing ones for upload. It does not bypass publisher access controls. See how the reference stage works.