Measuring device and measuring method

A measuring device comprising:

• a specimen stage for holding a specimen including a surface having a first pattern, a second pattern, and a third pattern;
• a light source configured to irradiate a measurement spot set on the specimen using a multi-wavelength light;
• a beam splitter arranged to split reflected light emitted from the measurement spot by the irradiation into two directions;
• a first imager configured to acquire a first pupil plane intensity distribution image of one of the reflected lights split by the beam splitter;
• a second imager configured to acquire a second pupil plane intensity distribution image of another of the reflected light split by the beam splitter;
• an analyzer configured to analyze the second pupil plane intensity distribution image to measure an overlay of the first pattern and the second pattern formed at the measurement spot;
• and
• one or more processors configured to:
• acquire the first pupil plane intensity distribution image and the second pupil plane intensity distribution image at each of a plurality of the measurement spots while moving a position of the measurement spot on the specimen,
• select the measurement spot not including the third pattern based on the first pupil plane intensity distribution image, and
• use the overlay obtained by analyzing the second pupil plane intensity distribution image of the selected measurement spot as the overlay of the first pattern and the second pattern.