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

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.

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).