What are the requirements for submitting an IDS after the first Office action?

What are the requirements for submitting an IDS after the first Office action?

When submitting an Information Disclosure Statement (IDS) after the first Office action on the merits, additional requirements apply:

• Timing: The IDS must be filed before the mailing date of a final action, notice of allowance, or other action that closes prosecution.
• Statement: The IDS must be accompanied by one of the following:
  • A statement specified in 37 CFR 1.97(e)
  • The fee set forth in 37 CFR 1.17(p)

As stated in MPEP 609: “An information disclosure statement will be considered by the examiner if filed after the first Office action on the merits, but before the mailing date of any of a final action under 37 CFR 1.113, a notice of allowance under 37 CFR 1.311, or an action that otherwise closes prosecution in the application.”

It’s crucial to comply with these requirements to ensure the IDS is considered by the examiner.

To learn more:

• IDS
• Information Disclosure Statement
• Office action
• Patent prosecution