What are the timing requirements for submitting an Information Disclosure Statement (IDS)?
The timing requirements for submitting an IDS are:
- Within 3 months of filing or before first Office action, whichever is later
- Before final Office action, Notice of Allowance, or Quayle action
- After final Office action but before issue fee payment
- After issue fee payment but before patent grant
The specific requirements vary based on when the IDS is filed. For example, as stated in MPEP 609.04(b): “An information disclosure statement will be considered by the examiner if filed within any one of the following time periods: (A) for national applications (not including CPAs), within three months of the filing date of the national application or before the mailing date of a first Office action on the merits; (B) for international applications, within three months of the date of entry of the national stage as set forth in 37 CFR 1.491 or before the mailing date of a first Office action on the merits; (C) for RCEs and CPAs, before the mailing date of a first Office action on the merits; or (D) for international design applications, within three months of the date of publication of the international registration under Hague Agreement Article 10(3) or before first Office action on the merits, whichever is later.”
To learn more: