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

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.

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Tags: 08, Information Disclosure Statement, patent examination, Reference Consideration