How does an examiner indicate consideration of an Information Disclosure Statement?

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.

When an examiner considers an Information Disclosure Statement (IDS), they indicate their consideration in specific ways:

  1. Traditionally, the examiner places their initials adjacent to the citations on the PTO/SB/08 form or its equivalent.
  2. An alternative electronic signature method may also be used, where:
  • Examiners no longer initial each reference citation considered.
  • Citations not considered are struck through.
  • Each page of reference citations is stamped with the phrase ‘All references considered except where lined through’ along with the examiner’s electronic initials.
  • The final page includes the examiner’s electronic signature.

The MPEP states: Consideration by the examiner of the information submitted in an IDS means nothing more than considering the documents in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search.

Topics: Patent Law Patent Procedure
Tags: Ids Consideration, Information Disclosure Statement, Mpep 60905, patent examination, Prior Art Review