How can I determine if a cited reference in an IDS has been considered by the examiner?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

To determine if a cited reference in an Information Disclosure Statement (IDS) has been considered by the examiner, you should refer to MPEP 609.04(b). The MPEP 609.08 directs applicants to this section:

See MPEP § 609.04(b) for determining whether a cited reference has been considered by the examiner.

This section provides detailed guidance on how to interpret the examiner’s annotations and markings on the IDS to determine which references have been reviewed.

Tags: Examiner Consideration, Ids Review, patent examination