Can I submit an Information Disclosure Statement (IDS) after paying the issue fee?

Can I submit an Information Disclosure Statement (IDS) after paying the issue fee?

Yes, it is possible to submit an Information Disclosure Statement (IDS) after paying the issue fee, but there are strict requirements and limitations. According to MPEP 609:

“An information disclosure statement filed after payment of the issue fee may not be considered, but may be placed in the file.”

To have an IDS considered after payment of the issue fee:

• It must be accompanied by a petition under 37 CFR 1.313(c) to withdraw the application from issue.
• The petition must be granted for the IDS to be considered.
• The IDS must comply with the requirements of 37 CFR 1.97 and 37 CFR 1.98.

Additionally, the IDS must be accompanied by:

• The fee set forth in 37 CFR 1.17(p)
• A statement specified in 37 CFR 1.97(e)
• The processing fee set forth in 37 CFR 1.17(i)

It’s important to note that submitting an IDS after paying the issue fee should be done only when absolutely necessary, as it can delay the issuance of the patent and incur additional fees.

To learn more:

• IDS after issue fee
• late IDS submission
• patent application procedure