How does the timing of an IDS submission affect the examination process after allowance?

The timing of an Information Disclosure Statement (IDS) submission can significantly affect the examination process after a notice of allowance. MPEP 1308.01 provides guidance on this:

“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).”

The timing affects the process as follows:

• If submitted before payment of the issue fee: The examiner will consider the IDS and may reopen prosecution if necessary.
• If submitted with payment of the issue fee: The examiner may consider the IDS if time permits before the patent issues.
• If submitted after payment of the issue fee: The IDS will not be considered unless a petition to withdraw from issue is granted.

Applicants should be aware that late IDS submissions may delay the issuance of the patent or require additional fees and petitions.

To learn more:

• IDS timing
• notice of allowance
• patent examination
• issue fee