What are the requirements for an IDS filed after a final Office action or Notice of Allowance?

For an Information Disclosure Statement (IDS) filed after a final Office action, Notice of Allowance, or an Ex parte Quayle action, but before or with payment of the issue fee, the following is required:

• A statement under 37 CFR 1.97(e), and
• The fee set forth in 37 CFR 1.17(p)

According to MPEP 609.04(b): An information disclosure statement will be considered by the examiner if filed on or after the mailing date of any of the following: a final action under 37 CFR 1.113; a notice of allowance under 37 CFR 1.311; or an action that closes prosecution in the application, e.g., an Ex parte Quayle action, but before or simultaneous with payment of the issue fee, provided the statement is accompanied by: (A) a statement as specified in 37 CFR 1.97(e) (see the discussion in subsection V; and (B) the fee set forth in 37 CFR 1.17(p).

To learn more:

• IDS
• Information Disclosure Statement
• Patent Application
• Late Stage Filing