What is the significance of an examiner initialing a PTO/SB/08 form?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. When an examiner initials a PTO/SB/08 form, also known as an Information Disclosure Statement (IDS), it has significant implications for the patent examination process. According to MPEP 707.05(d) : “…unless applicant has listed the reference on a form PTO/SB/08 that has been initialed by the examiner.” The examiner’s initials on a PTO/SB/08 form indicate that they have considered the referenced document. This consideration means that the examiner does not need to cite the same reference again using a PTO-892 form in subsequent actions, even if they rely on that reference later in the examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reference Must Be Cited If Subsequently Relied Upon MPEP 707.05(d) Required Form Paragraphs Must Conclude Actions MPEP 707 Recommended Fee for Information Disclosure Statement MPEP 2003 Examiner Must Thoroughly Study and Investigate Patent Applications MPEP 707 Required Examiner Must Thoroughly Study and Investigate Prior Art During Reexamination MPEP 707 Required Comprehensive Examination Required for Patentability and Compliance MPEP 707 Required International-Type Search Required for National Applications Filed After June 1, 1978 MPEP 707 Required Request for International-Type Search Report at National Examination MPEP 707 Permitted No Formal Search Report Required for Fee Refund in Later Filed International Application MPEP 707 Required Complete Examiner Action Required Except for Specific Issues MPEP 707 Other Related FAQs 5 FAQs Collapse What is the PTO-892 form and when is it used? Are there exceptions to using the PTO-892 form for citing references? What is the significance of 35 U.S.C. 301 in citing prio...