When should an Information Disclosure Statement (IDS) be filed in a patent application?

An Information Disclosure Statement (IDS) should be filed at different stages of patent application processing, depending on the circumstances:

• Within three months of the filing date or before the first Office action on the merits, whichever is later
• Before the mailing of a final Office action, Notice of Allowance, or an Ex parte Quayle action
• After the above periods but before payment of the issue fee
• After payment of the issue fee (with limitations)

The specific requirements and fees for filing an IDS vary depending on when it is submitted. As stated in MPEP 609.04(b): The procedures and requirements under 37 CFR 1.97 for submitting an information disclosure statement are linked to four stages in the processing of a patent application.

To learn more:

• IDS
• Information Disclosure Statement
• Patent Application
• Patent Prosecution