Is the listing of references in the PCT international search report considered an IDS?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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, the listing of references in the PCT international search report is not considered an Information Disclosure Statement (IDS) complying with 37 CFR 1.98. As stated in MPEP 609.03 : “The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98.” To be considered a compliant IDS, the submission must meet specific requirements outlined in 37 CFR 1.98, including providing legible copies of foreign patents, publications, pending U.S. applications, and other information. Additionally, the IDS must include a separate list of all submitted items for consideration by the Office. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Information Disclosure Statement Must Include Specific Items MPEP 609 Required Fee for Information Disclosure Statement MPEP 609 Requirement for Proper Information Disclosure Statement MPEP 609 Information Disclosure Statement Using PTO/SB/08 MPEP 609 Permitted Requirement for Information Disclosure Statement MPEP 609 Requirement for Information Disclosure Statement Compliance MPEP 609 Required Examiner Will Consider Information Disclosure Statement MPEP 609 Information Disclosure Statement Requires Previous Submissions MPEP 609 Required Information Disclosure Statement Must Be Filed Using PTO/SB/08 Form MPEP 609 Permitted Information Disclosure Statement Filing Does Not Imply Search Conducted MPEP 609 Other Related FAQs 5 FAQs Collapse Do applicants need to provide a separate listing of references cited in the international search report? How can applicants ensure references from the international search report are printed on the resulting patent? Ho...