IDS Software: What It Does and What to Check Before You Buy

Last updated: October 7, 2026.

"IDS software" is used for at least three different kinds of tools. Knowing which one you need saves time, because they solve different parts of preparing an Information Disclosure Statement (IDS) for the USPTO. This article describes the categories and a practical checklist. It is general information, not legal advice, and it does not decide what belongs in any particular filing.

What an IDS actually involves

An IDS lists information for the USPTO to consider in a pending application. The list has formal requirements under 37 CFR 1.98, and the filing has timing rules under 37 CFR 1.97. Both are explained in USPTO MPEP § 609. For timing, see our IDS guide with the 37 CFR 1.97 timing table.

Three jobs sit inside that work, and different software covers different jobs:

1. **Building the list.** Entering patent numbers, publication data, and non-patent literature into the SB/08 structure. 2. **Collecting the documents.** Getting a legible copy of each foreign patent document and each non-patent publication, which 37 CFR 1.98(a)(2) requires for those categories. 3. **Deciding and filing.** Choosing what to cite, making any statement, paying any fee, and submitting through Patent Center. This is a decision for the responsible person, not for a tool.

The three kinds of IDS software

Form and list helpers

These help you fill the SB/08 fields or export a citation list. They save typing and reduce format mistakes in numbers, dates, and kind codes. They do not fetch documents, and they cannot tell you whether an item is material.

Reference and docketing systems

Firm-wide docketing and patent-management systems track cases, deadlines, and cited references across a portfolio, and some can generate IDS lists. They are valuable if you already run a docket, but they are a different category from a document-collection tool.

Document-collection tools

When a foreign Office Action or search report cites documents, you still need the files. A collection tool takes the cited publication numbers and retrieves the originals, ideally with the correct kind code, and keeps them organized for review. This is where most of the manual time goes in cross-border cases.

Where DownloadPatent fits

DownloadPatent is in the third category. On the IDS preparation page, the workflow is:

• **Start from the Office Action.** Upload a foreign Office Action and DownloadPatent identifies the cited references. See collecting cited references from an Office Action.
• **Keep the original.** The cited foreign publication is downloaded as the reference document.
• **Look for English counterparts.** Where an English-language publication exists in the patent family, it is offered as a separate, clearly labeled download. It is an additional document, not a replacement, and a family relationship does not guarantee identical disclosure.
• **Open Google translations separately.** When a Google machine translation exists, the tool links to its Google Patents page. It cannot be selected or downloaded from DownloadPatent.
• **Take the files into your own workflow.** You review them and use your existing tools to prepare the forms and submit.

DownloadPatent does not complete IDS forms, does not decide what to cite, and does not file anything with the USPTO. You remain responsible for citation completeness, equivalence of any counterpart, translation accuracy, and filing requirements. For the document side of foreign references, see foreign references for an IDS and the IDS document preparation guide.

A checklist for evaluating any IDS tool

1. **Which job does it do?** List building, document collection, docketing, or filing. Be skeptical of a tool that claims all four. 2. **Does it keep the original document visible?** A counterpart or translation should never silently replace the cited reference. 3. **How does it treat kind codes and number formats?** A wrong kind code can retrieve a different document. See patent number formats. 4. **What happens when a document is not available?** A good tool says so instead of returning something nearby. 5. **Who decides what to cite?** The answer should be the responsible person, not the software. 6. **Where do the files go?** Check how long files are kept and whether you can download everything in one set for your case folder. 7. **Does it match the current USPTO process?** The USPTO's forms page lists the current SB/08 version, and filing happens in Patent Center.

Frequently asked questions

What is IDS software?

It is a loose label for tools that help prepare an Information Disclosure Statement. Some build the citation list, some manage references across cases, and some collect the cited documents. Few do all three, and none replaces the decision about what to cite.

Can software file my IDS automatically?

Filing is done by the applicant or their representative through USPTO systems such as Patent Center. A tool can prepare materials, but you should confirm who is responsible for the submission and its statements and fees.

Do I need copies of foreign references?

For foreign patent documents, 37 CFR 1.98(a)(2) calls for a legible copy, subject to the rule's wording. For items that are not in English, 1.98(a)(3) adds a concise explanation of relevance and, where one is available, a copy of an English translation. Check the current rule and MPEP § 609 for your case.

Sources

• USPTO MPEP § 609: Information Disclosure Statement
• USPTO forms for patent applications
• USPTO Patent Center