What is the significance of the examiner’s initials on an IDS?

What is the significance of the examiner’s initials on an IDS?

The examiner’s initials on an Information Disclosure Statement (IDS) are significant because they indicate that:

• The examiner has considered the cited reference.
• The reference has been made of record in the application file.
• The applicant has fulfilled their duty of disclosure for that particular reference.

According to MPEP 609.05(b): ‘The examiner will initial each reference considered. The initials indicate that the information has been considered by the examiner in the same manner as information submitted in compliance with 37 CFR 1.97 and 37 CFR 1.98.’

It’s important to note that the examiner’s initials do not indicate the examiner agrees with the applicant’s interpretation of the reference or its relevance. They simply confirm that the examiner has reviewed the citation as required by USPTO procedures.

To learn more:

• IDS
• examiner initials
• patent examination
• duty of disclosure