Maiorana, P.C.

What is an IDS?

In a patent application filed at the USPTO, there is a duty to submit material references. 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 filed 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 to 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, that 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 (using form PTO-1449) either during 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 PTO fee is due. If a first Office Action is mailed, an IDS may still be filed, but the surcharge of $240 is due under 37 C.F.R. §1.17(p). The fee increased from $180 in 2017 to $240 in 2018.

Discounts are available for Small Entity and Micro Entity, discussed here.

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