I am an independent inventor who's planning to file a pro se US patent application.

My understanding is that the IDS is supposed to contain all references material to the prosecution of the application. I am aware of a document which indicates an advantage to one claimed feature of my invention. This document does not disclose my invention alone (i.e., it is not a 102 reference), this document is in a different field of endeavor, and this document doesn't seem to me to be (a priori) pertinent to the problem (the advantage is not the focus of the document).

I feel that this document should be on the IDS. Would the best path forward be to annotate the IDS to state that the inventor believes the document is non-analogous art and let the examiner make up their own mind? I could also write in the specs why it's in a different field of endeavor to give more detail but that doesn't seem like the right place to put it. Can I attach my own more detailed (say, one paragraph) explanation of why I don't think it's analogous art?

1 Answer 1


It is not recommended to do anything other than list the reference. The time to argue about its relevance is if and when the examiner cites it in an office action.

A notation on the IDS that might be seen as saying “don’t look at this” could be seen as steering the examiner away.

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