How does an examiner indicate that they have considered an information disclosure statement (IDS)?
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How does an examiner indicate that they have considered an information disclosure statement (IDS)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
An examiner can indicate consideration of an IDS in two ways:
- By placing their initials adjacent to the citations on the PTO/SB/08 form or its equivalent.
- Using an alternative electronic signature method where:
- Each page of reference citations is stamped with “All references considered except where lined through” along with the examiner’s electronic initials.
- The final page includes the examiner’s electronic signature.
- Citations not considered are struck through.
As stated in the MPEP, The initials of the examiner placed adjacent to the citations on the PTO/SB/08 or its equivalent mean that the information has been considered by the examiner to the extent noted above.
(MPEP 609.05(b))
Topics:
Patent Law
Patent Procedure