Is the listing of references in the PCT international search report considered an IDS?

No, the listing of references in the PCT international search report is not considered an Information Disclosure Statement (IDS) complying with 37 CFR 1.98. As stated in MPEP 609.03:

“The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98.”

To be considered a compliant IDS, the submission must meet specific requirements outlined in 37 CFR 1.98, including providing legible copies of foreign patents, publications, pending U.S. applications, and other information. Additionally, the IDS must include a separate list of all submitted items for consideration by the Office.

To learn more:

• PCT
• international search report
• IDS
• Information Disclosure Statement
• 37 CFR 1.98

To learn more:

• 37 CFR 1.98