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

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

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.

To learn more:

• IDS
• issue fee
• RCE
• patent application

To learn more:

• MPEP 609.05(b)