What are the requirements for an IDS filed within three months of the application filing date?

An Information Disclosure Statement (IDS) filed within three months of the application filing date or before the mailing of a first Office action on the merits, whichever is later, has the following requirements:

• No fee is required
• No statement under 37 CFR 1.97(e) is needed
• Must comply with the content requirements of 37 CFR 1.98

According to MPEP 609.04(b): An information disclosure statement filed within one of these periods requires neither a fee nor a statement under 37 CFR 1.97(e).

To learn more:

• IDS
• Information Disclosure Statement
• Patent Application
• Early Filing