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FORM GUIDE · PTO/SB/08

USPTO IDS form: which PTO/SB/08 should you use?

If you searched for an IDS form or SB08 PDF, start with the USPTO's current form rather than an old copy saved on a shared drive. The form is only one part of an Information Disclosure Statement: citations, required copies, timing and a size fee assertion still need review.

By Paralegaless · Sources checked 2026-10-05 · For U.S. patent practitioners

Which IDS form is current?

The USPTO lists the Information Disclosure Statement by Applicant – Patent Center auto-load version, SB/08, as its recommended form. Its forms page shows a March 2026 update. The USPTO also lists older SB/08a and SB/08b pages and a separate SB/08c size fee assertion form. Check that forms page at the time of filing, because a downloaded PDF can outlive the version the Office recommends.

Open the form locally in Adobe Acrobat or Reader. The USPTO's form-fillable PDF guidance recommends saving the file first and using Adobe Reader for best results. A browser PDF viewer may not display or preserve all dynamic form behavior.

What goes in the form?

Start with the application number and identifying information. Put U.S. patents, U.S. application publications, foreign patent documents and non-patent literature in their appropriate sections. The examiner needs space to mark each item considered. The citation details differ by type: for example, a foreign patent needs its issuing country or office, document number and publication date; an NPL citation needs enough publication information to identify it.

The USPTO's MPEP § 609 explains the list format and identification rules under 37 CFR 1.98. Check the source document against every citation before filing; a DOI or patent number alone may not supply every field the form requires.

The PDF is not the whole filing packet

  1. Check whether a copy of each cited reference is required. Foreign patents and NPL generally need copies; U.S. patents and published U.S. applications generally do not.
  2. Resolve any non-English reference's concise explanation and available translation.
  3. Make the written IDS size fee assertion required by 37 CFR 1.98(a)(4), even when no size fee is due.
  4. Check the filing stage under 37 CFR 1.97 for a timing statement or fee.
  5. Review the completed SB/08 in Adobe, then upload it and required copies through Patent Center.

Use our focused guides on reference copies, the size fee assertion and IDS timing as you assemble the packet.

Preparing the form with Paralegaless

Paralegaless fills the official SB/08 from reviewed citations and gathers available reference copies. Download the editable form, inspect it in Adobe, and file it with your own Patent Center account. See the five-stage manual or prepare a first IDS free.

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