What are the consequences of filing an IDS after the mailing of a notice of allowance?
What are the consequences of filing an IDS after the mailing of a notice of allowance?
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- The application will be withdrawn from issue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“If an IDS is filed after the mailing date of a Notice of Allowance under 37 CFR 1.311, the application will be withdrawn from issue.”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.
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Topics:
Patent Law,
Patent Procedure