What happens if an IDS is filed after the issue fee has been paid?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. If an Information Disclosure Statement (IDS) is filed after the issue fee has been paid, it will not be considered by the examiner. According to MPEP 609.02 : ‘Any IDS filed after the issue fee has been paid will not be considered by the examiner. In this situation, the application will be printed without consideration of the IDS.’ If an applicant wants the information in the IDS to be considered, they have two options: File a request for continued examination (RCE) along with the IDS Withdraw the application from issue and file a request for continued examination (RCE) with the IDS It’s important to note that these actions must be taken before the patent issues to ensure consideration of the IDS. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Information Disclosure Statement Before Issue Fee Payment MPEP 609 Required IDS Filed Before RCE Must Be Considered MPEP 609.02 Examiner Will Consider Information Disclosure Statement MPEP 609 Fee for Information Disclosure Statement MPEP 609 Fee Required for Information Disclosure Statement MPEP 609 Requirement for Proper Information Disclosure Statement MPEP 609 Compliant Information Disclosure Statement Items Must Be Considered MPEP 609.05(b) Information Disclosure Statement Using PTO/SB/08 MPEP 609 Permitted Requirement for Information Disclosure Statement MPEP 609 Information Disclosure Statement Required for International Applications MPEP 609.02 Other Related FAQs 5 FAQs Collapse What is the significance of the examiner&#8217;s initials on an IDS? What is the significance of the phrase &#8216;complying information disclosure statement&#8217; in MPEP 609.05(b)? How does an examiner indicate that they have considered...