Does listing a reference in an Information Disclosure Statement (IDS) constitute an admission of prior art?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. No, merely listing a reference in an Information Disclosure Statement (IDS) is not considered an admission that the reference is prior art against the claims. According to MPEP 2129 : “Mere listing of a reference in an information disclosure statement is not taken as an admission that the reference is prior art against the claims.” This is further supported by 37 CFR 1.97(h) , which states: “The filing of an information disclosure statement shall not be construed to be an admission that the information cited in the statement is, or is considered to be, material to patentability as defined in § 1.56(b).” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Listing of Reference in IDS Not Admitted as Prior Art MPEP 2129 Prohibited IDS Listing Does Not Admit Prior Art MPEP 2129 Admission of Prior Art as Anticipation and Obviousness Determination MPEP 2129 Permitted Admission of Prior Art Must Be Considered for Anticipation and Obviousness MPEP 2129 Admitted Prior Art Anticipation Without 35 U.S.C. 102 MPEP 2129 Permitted Inventor’s Own Work Not Prior Art Without Statutory Basis MPEP 2129 Prohibited Inventor's Own Work Not Prior Art MPEP 2129 Recommended Examiner Must Determine Prior Art Ownership MPEP 2129 Required Specification Must Identify Prior Art MPEP 2129 Preamble Not Admitted Prior Art Without Reason MPEP 2129 Other Related FAQs 5 FAQs Collapse What constitutes an admission as prior art in patent law? How can an applicant&#8217;s own work be considered prior art through admissions? What is the difference between admissions and mere arguments in patent examination? How is an inventor&#8217;s own work treated as prior art in patent applications? How are Jepson cla...