What are the consequences of filing an IDS after the mailing of a notice of allowance?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Filing an Information Disclosure Statement (IDS) after the mailing of a notice of allowance can have significant consequences: The application will be withdrawn from issue The IDS will be considered by the examiner If the examiner determines that the application is still allowable, the application may be returned to issue If the examiner determines that one or more claims are no longer allowable, the applicant will be notified and the claims will be rejected As stated in MPEP 609.04(b) : “If an IDS is filed after the mailing date of a Notice of Allowance under 37 CFR 1.311, the application will be withdrawn from issue.” This emphasizes the importance of timely IDS submission to avoid potential delays in patent issuance. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Timing Requirements for Information Disclosure Statement MPEP 609.04(b) Permitted Information Disclosure Statement After RCE MPEP 609.04(b) Information Disclosure Statement After Issue Fee Not Considered MPEP 609.04(b) Examiner Will Consider Information Disclosure Statement MPEP 609 Late Information Disclosure Statement Considered Before First Merits Action MPEP 609.04(b) Fee for Information Disclosure Statement MPEP 609 Information Disclosure Statement Must Comply After Appeal MPEP 609.04(b) Required Information Disclosure Statement Allowed After Payment of Issue Fee Before Grant MPEP 609.04(b) Information Disclosure Statement Before Issue Fee MPEP 609.04(b) Information Disclosure Statement Timing Requirement MPEP 609.04(b) Other Related FAQs 5 FAQs Collapse When should an Information Disclosure Statement (IDS) be filed in a patent application? What are the timing requirements for submitting an Inf...