How do examiners review and consider an e-IDS?
Examiners are required to review and consider e-IDS submissions in the same manner as paper IDS submissions. The MPEP 609.07 provides guidance on this process:
If the e-IDS complies with the requirements of 37 CFR 1.97, examiners must consider the e-IDS and complete the e-IDS form by initialing, signing, and dating the e-IDS form entries.
Examiners can access the electronic list of U.S. patents and patent application publications from their workstations. They are expected to review these references electronically and should not require applicants to submit paper copies of e-IDS references. It’s crucial for applicants to ensure that citation numbers are accurate, as examiners rely on these numbers to retrieve the correct documents for review.
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