Maiorana, P.C.

Registered Patent Attorneys

What is an IDS?


In a patent application, there is a duty to submit material references to the Patent Office. References are cited to the Patent Office in an Information Disclosure Statement, often referred to as an IDS.

References that are in our files are routinely files in an IDS based on things you sent us. Attorneys and Applicants have a duty to submit references to the Patent Office if they are “material”.

As a matter of work flow, we file IDS references along with a PTO-1449 as a routine procedural issue. There are a few line items on our fee sheet for IDS filings. We try to avoid long conversations on small lDS filings in an effort to t keep legal bills down.

There is generally no downside to filing references in an IDS. However, there is a downside to failing to cite a reference that is later considered to be material. So when in doubt, it is prudent to file references that were in the file, and the inventor and applicant were aware of, in an IDS.

In the overall time frame of a patent application (discussed here) , an IDS is normally filed either with the filing of the patent application, or within 3-6 months of the filing of the patent application. We normally docket at 3 months to inspect the file for references. The Patent Office allows a 90 day grace period where no fee is required. As long as the IDS is filed before the mailing of the first Office Action (discussed here) no fee is due. If a first Office Action is mailed, an IDS may still be filed, but the surcharge of $180 is due under 37 C.F.R. §1.17(p)

You can always ask one of our Affordable Patent Attorneys for additional information. Please call us at MI - 586-498-0670 or CA - 408-890-6549
  • Chris Maiorana
  • November 2017
Topics: Best Patent Attorney Macomb County MI, Best Patent Attorney Silicon Valley CA, RCE, Patent Application, IDS

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