When can you file an IDS? 37 CFR 1.97 timing at a glance
An IDS can be submitted at different stages of prosecution, but the conditions for consideration change. Work from the actual filing and Office action dates in the application record, then check the rule before deciding which certification or fee applies.
By Paralegaless · Sources checked 2026-10-05 · For U.S. patent practitionersThe three main consideration windows
| Stage | General requirement under 37 CFR 1.97 |
|---|---|
| Within an initial period under paragraph (b), including within three months of filing or before the first Office action on the merits | A compliant IDS can be considered without the 1.97(e) statement or 1.17(p) timing fee. |
| After the paragraph (b) period, before final action or notice of allowance under paragraph (c) | Generally a 1.97(e) statement or the 1.17(p) timing fee. |
| After final action or notice of allowance, before issue fee payment under paragraph (d) | Generally a 1.97(e) statement and the 1.17(p) timing fee. |
National stage, RCE and other cases have their own paragraph (b) triggers. The full text and explanation are in MPEP § 609.04(b). This table is a starting point, not a docketing rule for every case.
What is the 1.97(e) statement?
It is a certification tied to when the information was first cited by a foreign patent office, or to when the person signing became aware of it. The two alternatives have specific conditions and a three-month lookback. Do not select one from the age of the IDS alone; verify the underlying communication or knowledge date and who can sign.
After issue fee payment
The ordinary paragraph (d) path ends before issue fee payment. The USPTO has a separate Quick Path Information Disclosure Statement (QPIDS) program for qualifying post-payment situations, with additional steps and fees. Check those current requirements if the issue fee has already been paid.
The IDS size fee and assertion are separate from these timing conditions. Paralegaless prepares the form, but the practitioner decides the filing stage and certification.