Can an applicant submit an Information Disclosure Statement (IDS) after a notice of allowance?
Yes, an applicant can submit an Information Disclosure Statement (IDS) after a notice of allowance. However, there are specific requirements and potential consequences. According to MPEP 1308.01:
“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).”
These requirements include:
- Filing the IDS before or with payment of the issue fee
- Including a statement specified in 37 CFR 1.97(e)
- Paying the fee set forth in 37 CFR 1.17(p)
If the IDS meets these requirements, the examiner will consider the cited art and determine if it necessitates reopening prosecution.
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