How should patent examiners review and consider an Information Disclosure Statement (IDS)?

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.

Patent examiners should review and consider an Information Disclosure Statement (IDS) as follows:

1. Check for compliance with 37 CFR 1.97 and 1.98
2. Consider the properly submitted information in the same manner as other documents in Office search files
3. For e-IDS, use the e-IDS icon on the examiner’s workstation to consider cited U.S. patents and U.S. patent application publications
4. Initial the blank column next to each citation to indicate that the information has been considered, or use the alternative electronic signature method
5. Draw a line through citations that fail to comply with requirements
6. Sign and date the bottom of the IDS listing or use the alternative electronic signature method
7. Ensure that a signed and dated copy of the IDS listing is entered into the file and mailed to the applicant

The MPEP states: “After the examiner reviews the IDS for compliance with 37 CFR 1.97 and 1.98 (see MPEP § 609.05), the examiner should: (A) Consider the information properly submitted in an IDS in the same manner that the examiner considers other documents in Office search files while conducting a search of the prior art in a proper field of search.”