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Information Disclosure Statements:

MPEP 609

Time allowed for filing an IDS:

1. Within 3 months of filing or before the first Office action on the merits, whichever is first.
2. After time stated in (1), but before final action or Notice of Allowance.
3. After final action or Notice of Allowance, but before the payment of the issue fee.

Requirements for filing an IDS based on the time categories from above:

1. None, it is always considered.
2. 37 C.F.R. 1.97(e) statement or 37 C.F.R. 1.17(p) fee.
3. 37 C.F.R. 1.97(e) statement, petition and fee.

If filing after the payment of the issue fee:

• The IDS will not be considered, it is just placed in application file.
• The options at this point are:
  • To withdraw the application from issue so the information may be considered in a continuing application under 37 C.F.R. 1.53(b).
    • In this case, the entire IDS will need to be resubmitted.
  • To withdraw application from issue so a CPA under 37 C.F.R. 1.53(D) may be filed even though the issue fee was already paid.
    • In this case, the entire IDS will not need to be resubmitted.

An IDS must be filed in a reissue within two month of its filing date.