The final pre-filing consideration that we will address in this blog relates to the timing of the filing of an information disclosure statement (IDS). The IDS usually includes a list of prior references that were reviewed by the applicant and/or their attorneys before the issuance of the patent.
The IDS should be filed within three months of the filing date. If you miss the three-month date, however, you may file the IDS before the final office action with the appropriate fee.
The IDS may also be filed before the issue fee with the appropriate fee and an explanation. This often occurs when a patentee learns of a relevant foreign reference during foreign prosecution.