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).
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