How does an examiner indicate that they have considered an information disclosure statement (IDS)?

An examiner can indicate consideration of an IDS in two ways:

  1. By placing their initials adjacent to the citations on the PTO/SB/08 form or its equivalent.
  2. 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))

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Topics: Patent Law, Patent Procedure
Tags: 08, Examiner Consideration, Ids, Information Disclosure Statement, patent examination