What happens if an IDS is filed after the mailing of a final Office action?

What happens if an IDS is filed after the mailing of a final Office action?

If an Information Disclosure Statement (IDS) is filed after the mailing of a final Office action, the examiner will consider it according to specific guidelines:

• The IDS will be considered if it’s accompanied by either a statement as specified in 37 CFR 1.97(e) or the fee set forth in 37 CFR 1.17(p).
• If these requirements are not met, the IDS will be placed in the application file but will not be considered by the examiner.

As stated in MPEP 609.05(c): ‘Consideration by the examiner of an IDS submitted after the mailing of a final Office action is limited to the requirements set forth in 37 CFR 1.97(d) and to documents which the examiner determines to be relevant.’ This means that even if the IDS is considered, the examiner is not required to reopen prosecution or issue a new Office action based on the newly submitted information.

To learn more:

• IDS
• Final Office Action
• Patent Examination
• Information Disclosure Statement