How does the timing of an IDS submission affect the required certification?

How does the timing of an IDS submission affect the required certification?

The timing of an Information Disclosure Statement (IDS) submission directly impacts the required certification:

• IDS filed within three months of filing or before first Office action: No certification required
• IDS filed after three months of filing but before first Office action on the merits: Certification under 37 CFR 1.97(e) or fee under 37 CFR 1.17(p) required
• IDS filed after first Office action but before final action, notice of allowance, or action closing prosecution: Certification under 37 CFR 1.97(e) or fee under 37 CFR 1.17(p) required
• IDS filed after final action, notice of allowance, or action closing prosecution: Both certification under 37 CFR 1.97(e) and fee under 37 CFR 1.17(p) required

As stated in MPEP 609.04(b): “An information disclosure statement shall be considered by the Office if filed by the applicant within any one of the following time periods:” followed by the specific timing requirements. This underscores the importance of timely IDS submission to avoid additional certification or fee requirements.

To learn more:

• IDS
• Certification Requirements
• Patent Examination
• IDS Timing