Can an applicant submit an Information Disclosure Statement (IDS) after a notice of allowance?

Yes, an applicant can submit an Information Disclosure Statement (IDS) after a notice of allowance. However, there are specific requirements and potential consequences. According to MPEP 1308.01:

“If an IDS is submitted after the mailing of a notice of allowance, it must comply with the requirements of 37 CFR 1.97(d).”

These requirements include:

  • Filing the IDS before or with payment of the issue fee
  • Including a statement specified in 37 CFR 1.97(e)
  • Paying the fee set forth in 37 CFR 1.17(p)

If the IDS meets these requirements, the examiner will consider the cited art and determine if it necessitates reopening prosecution.

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Tags: disclosure requirements, Ids, notice of allowance