IDS size fee and written assertion: a 50/100/200 item checklist
The IDS size fee turns on the cumulative number of applicant-provided or patent-owner-provided items in the application, including the IDS being filed. A written size fee assertion is required for every IDS filed under 37 CFR 1.97 on or after January 19, 2025, even if no size fee is due.
By Paralegaless · Sources checked 2026-10-05 · For U.S. patent practitionersCount across the application, not just this form
| Cumulative items after this IDS | Size fee level |
|---|---|
| 50 or fewer | No size fee; written assertion still required |
| 51–100 | First threshold under 37 CFR 1.17(v)(1) |
| 101–200 | Second threshold under 37 CFR 1.17(v)(2), less amount previously paid at the first level |
| 201 or more | Third threshold under 37 CFR 1.17(v)(3), less earlier size fee payments |
The USPTO size fee quick reference explains the cumulative count and the written assertion. Check the current USPTO fee schedule before entering a dollar amount because fees can change.
Example: if 47 applicant-provided items were already submitted and the next IDS adds 8, the new cumulative count is 55. That crosses the first threshold. If a later IDS crosses a higher threshold, account for any size fee already paid rather than paying the full higher-tier amount again.
Where does the assertion go?
The current Patent Center SB/08 includes a size fee assertion. The USPTO also provides PTO/SB/08c for use with older SB/08a and SB/08b forms or an equivalent. Select the statement that matches the cumulative count and any fee due; do not assume a zero-dollar result removes the assertion requirement.
Do not confuse the two IDS fees
The size fee in 37 CFR 1.17(v) relates to item count. The separate IDS timing fee in 37 CFR 1.17(p) can apply because of when the IDS is filed. Depending on the count and prosecution stage, neither, either, or both fees may apply. Review the timing guide before filing.
Paralegaless displays size fee tiers from the count you enter, but the practitioner must verify earlier IDS items and payments for the application. See the manual.