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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Information Disclosure Statement Allowed After Payment of Issue Fee Before Grant MPEP 609.04(b) Information Disclosure Statement After Issue Fee Not Considered MPEP 609.04(b) Information Disclosure Statement Before Issue Fee MPEP 609.04(b) Information Disclosure Statement After Issue Fee MPEP 609.04(b) Timing for Filing Information Disclosure Statement Required MPEP 609 Required Information Disclosure Statement Before Issue Fee Payment MPEP 609 Required Timing Requirements for Information Disclosure Statement MPEP 609.04(b) Permitted Information Disclosure Statement After Issue Fee Payment MPEP 609.04(b) Permitted Information Disclosure Statement After RCE MPEP 609.04(b) Information Disclosure Statement Must Be Filed Before First Office Action on Merits MPEP 609.04(b) Recommended Other Related FAQs 5 FAQs Collapse What are the timing requirements for submitting an Information Disc...