What happens if an Information Disclosure Statement is filed after the issue fee is paid?
If an Information Disclosure Statement (IDS) is filed after the issue fee is paid:
- The IDS will not be considered by the examiner
- The IDS will be placed in the application file
- The application may be withdrawn from issue to file a Request for Continued Examination (RCE) or a continuing application
- A petition under 37 CFR 1.313(c) is required to withdraw the application from issue
MPEP 609.04(b)(IV) states: “After the issue fee has been paid on an application, it is impractical for the Office to attempt to consider newly submitted information. Information disclosure statements filed after payment of the issue fee in an application will not be considered but will merely be placed in the application file.”
The MPEP further explains: “The application may be withdrawn from issue at this point, pursuant to 37 CFR 1.313(c)(2) or 1.313(c)(3) so that the information can be considered in the application upon the filing of a RCE under 37 CFR 1.114 or in a continuing application filed under 37 CFR 1.53(b) (or 37 CFR 1.53(d) if the application is a design application).”
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