IDS (Information Disclosure Statement): Rules, Timing & Example

Last updated: October 5, 2026.

An Information Disclosure Statement, usually shortened to IDS, is an applicant submission that identifies information for the USPTO to consider in a pending patent application. The filing has timing rules and content requirements. This overview follows USPTO MPEP § 609, which reproduces and explains 37 CFR 1.97 and 1.98. It is a general guide, not a decision about what a particular applicant must disclose or file.

What is an Information Disclosure Statement?

An IDS is a list of patents, publications, applications, or other information submitted for the Office's consideration. It is commonly prepared on the current USPTO SB/08 form or entered electronically in Patent Center. The list is not an IDS filing decision by itself: the correct material, filing stage, statements, fees, and supporting copies all matter under the rule.

The regulation says that filing an IDS is not a representation that a search was made and is not an admission that the information is material to patentability. That is why the form should not be described as a search certificate or a materiality ruling. See MPEP § 609.

When can an IDS be considered under 37 CFR 1.97?

Section 1.97 ties consideration to the application stage. The early windows in paragraph (b) include filing within three months of the national application's filing date; within three months of entry into the national stage for an international application; before the first Office action on the merits; before the first action on the merits after an RCE; and, for an international design application, within three months of publication of the international registration. The IDS must still meet the content rules in § 1.98. USPTO MPEP § 609

Use this compact timing map as a reading aid, not as a filing decision:

After those paragraph (b) windows, but before the mailing of a final action, Notice of Allowance, or another action closing prosecution, paragraph (c) requires either the § 1.97(e) statement or the fee in § 1.17(p). The rule's next stage is especially important after allowance: once the earlier paragraph (c) period has passed, paragraph (d) permits consideration only when the IDS is filed on or before payment of the issue fee and includes both the § 1.97(e) statement and the § 1.17(p) fee. A Notice of Allowance is therefore a timing checkpoint, not a general extension. USPTO MPEP § 609

The paragraph (e) statement is factual. It addresses whether each item was first cited in a communication from a foreign patent office within the preceding three months, or whether none was so cited and, after reasonable inquiry, no listed item was known to a person named in § 1.56(c) more than three months before filing. Do not use a certification unless the responsible person has a basis to make it. MPEP § 609 states that extensions under § 1.136 are not available for IDS timing. After issue-fee payment, check the current USPTO instructions for any separate procedure; this paragraph (d) route ends at payment. USPTO MPEP § 609

What does 37 CFR 1.98 require?

Section 1.98(a) calls for a list of the information submitted, with US patents and US patent application publications in a section separate from other citations. Each page of the list carries the application number, a space for the examiner's initials, and a heading identifying the list as an IDS. For US patents, the listed fields include inventor, patent number, and issue date; for US application publications, applicant, publication number, and publication date. Foreign patent entries identify the issuing country or office, document number, and publication date. USPTO MPEP § 609

The copy requirement is category-specific. It includes a legible copy of each foreign patent; each publication, or the portion that caused it to be listed, other than US patents and US application publications unless the Office requires a copy; cited pending unpublished US application material described in the rule; and other information, or the portion that caused it to be listed. Follow the exact category in the current rule rather than treating every citation as the same kind of attachment. USPTO MPEP § 609

NPL and foreign-language references

For non-patent literature, keep the citation and the document acquisition record together. The required copy can be the publication or the portion that caused the item to be listed, as § 1.98(a)(2) specifies. Preserve enough bibliographic detail to identify the cited item: title, authors, publication, date, volume, and pages when those fields exist. A search-result page or abstract is not automatically the cited publication.

For each listed item that is not in English, § 1.98(a)(3) requires a concise explanation of its relevance as presently understood by the person designated in § 1.56(c) most knowledgeable about the information. If a written English translation is in the possession, custody, or control of, or readily available to, any person designated in § 1.56(c), a copy of that translation is also required. Those are distinct requirements: a concise explanation does not replace an available translation copy. USPTO MPEP § 609

An illustrative SB/08 example

The bracketed entries below are an illustration, not a real filing or a materiality conclusion. They show how an applicant or reviewer might map source information to the SB/08 areas while keeping supporting files distinct. Replace every placeholder with the application record and the exact source document before using any form.

For an item that is not in English, add the concise relevance explanation required by § 1.98(a)(3), and keep any available written English translation as a separate supporting file when the rule's possession, custody, control, or ready-availability condition is met. This illustration does not decide what belongs in a particular application. The filing choice remains with the responsible prosecution team.

How does the current SB/08 form fit?

The USPTO forms page identifies the Patent Center auto-load version of SB/08 as the recommended IDS form and links its instructions. The page lists that version as updated in March 2026. The form helps create the citation list; it does not decide which information belongs in a particular application, establish a filing deadline, or remove the copy and foreign-language requirements. MPEP § 609.07 describes electronic IDS submission through Patent Center.

If you first need to collect the references from an Office Action, see OA citations. For the separate attachment checklist, including filenames and NPL handling, use IDS document preparation. The IDS preparation tool describes the DownloadPatent collection step; DownloadPatent does not file an IDS for you.

Frequently asked questions

Is an IDS an admission that a reference is material?

No. Section 1.97(h), as reproduced in MPEP § 609, says that filing an IDS is not an admission that listed information is or is considered material to patentability.

Can an IDS be filed after a Notice of Allowance?

The ordinary § 1.97(d) route applies after the paragraph (c) period: file on or before issue-fee payment and include both the paragraph (e) statement and the paragraph 1.17(p) fee. Confirm the application timeline and current USPTO instructions before relying on that route.

Does every English-language reference need a relevance explanation?

Section 1.98 does not require a concise explanation for English-language information. MPEP § 609 says applicants are encouraged to provide one, especially for long or complex documents or when a particular passage is understood to be relevant.

Do NPL citations need a copy?

Section 1.98(a)(2) requires a legible copy of each publication or the portion that caused it to be listed, subject to the rule's category wording. Use the current rule and MPEP § 609 to classify the specific item.

What is the deadline to file an IDS?

37 CFR 1.97 does not give one deadline for every IDS. The applicable window depends on the filing stage: an early paragraph (b) window, the paragraph (c) period with a statement or fee, or the paragraph (d) route through issue-fee payment. Check the application timeline and MPEP § 609 before filing.

How much does an IDS cost / what is the 1.17(p) fee?

An IDS can require the fee in 37 CFR 1.17(p) when it is filed under paragraph (c), and paragraph (d) also requires that fee after the earlier period. The amount changes, so use the current USPTO fee schedule rather than relying on a number in this guide. Confirm which route applies.

Do I need to file an IDS in a continuation?

Not always. For a continuation under 37 CFR 1.53(b) that claims benefit of a parent other than a U.S.-designated international application, MPEP § 609 says the examiner considers information considered in the parent, and you need not resubmit it unless you want it printed on the continuation patent. International-application cases can differ; check MPEP § 609.

Official sources

• USPTO MPEP § 609: Information Disclosure Statement
• USPTO Forms for patent applications: recommended Patent Center SB/08 and instructions
• USPTO Patent Center
• USPTO fee schedule

How we review and update this guide

We review this guide against USPTO and MPEP sources, including MPEP § 609 and the current USPTO forms and fee-schedule pages. Last reviewed: October 5, 2026. Rules, forms, and fees can change, so confirm the current USPTO guidance for the application at issue. This guide is not legal advice.