What options are available for submitting an IDS after payment of the issue fee?

After payment of the issue fee, submitting an Information Disclosure Statement (IDS) becomes more challenging. However, there are several options available:

  • File a petition to withdraw the application from issue under 37 CFR 1.313(c)(2) or 1.313(c)(3)
  • File a Request for Continued Examination (RCE) under 37 CFR 1.114
  • File a continuing application under 37 CFR 1.53(b) or a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) for design applications
  • Use the Quick Path Information Disclosure Statement (QPIDS) Pilot Program

As stated in MPEP 609.04(b): The application may be withdrawn from issue at this point, pursuant to 37 CFR 1.313(c)(2) or 1.313(c)(3) so that the information can be considered in the application upon the filing of a RCE under 37 CFR 1.114 or in a continuing application filed under 37 CFR 1.53(b) (or 37 CFR 1.53(d) if the application is a design application).

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Topics: Patent Law, Patent Procedure