What is required for an IDS filed after the initial period but before final action or allowance?
For an Information Disclosure Statement (IDS) filed after the initial three-month period or first Office action, but before the mailing of a final action, Notice of Allowance, or an Ex parte Quayle action, the following is required:
- Either a statement under 37 CFR 1.97(e), or
- The fee set forth in 37 CFR 1.17(p)
As stated in MPEP 609.04(b): An information disclosure statement will be considered by the examiner if filed after the period specified in subsection I. above, but prior to the date the prosecution of the application closes, i.e., before (not on the same day as the mailing date of any of the following): a final action under 37 CFR 1.113, e.g., final rejection; 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, whichever occurs first, provided the information disclosure statement is accompanied by either (1) a statement as specified in 37 CFR 1.97(e) (see the discussion in subsection V below); or (2) the fee set forth in 37 CFR 1.17(p).
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