MPEP 609: Information Disclosure Statements (IDS)

Answer in brief

MPEP 609 governs information disclosure statements (IDS), which applicants use to submit prior art and meet the duty of disclosure. An IDS filed within three months of the filing date, or before the first Office action on the merits, is considered without a fee or statement (37 CFR 1.97(b)). Later filings need a statement under 37 CFR 1.97(e), a fee, or both.

What MPEP 609 covers

The timing rules in 37 CFR 1.97 decide what an IDS must include to be considered.

Window 1: within three months of filing (or national stage entry), or before the first action on the merits — no fee or statement.
Window 2: after that but before a final action, notice of allowance or Ex parte Quayle action — requires a 1.97(e) statement or the fee.
Window 3: after those actions but before the issue fee is paid — requires both a statement and the fee.
Content (609.04(a)): a list of each item, legible copies of foreign and non-patent references, and a concise explanation of relevance for non-English items.
Considered references are initialed by the examiner on the IDS form.

How examiners use it

The examiner considers a compliant IDS and returns the initialed list. A noncompliant IDS is placed in the file but not considered, and the applicant is told why.

On the patent bar

IDS timing is tested often. Memorize the windows and what each requires.

Read the full text

Official title: Information Disclosure Statement [R-01.2024].

Read MPEP 609 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 609.

Questions & answers

When must an IDS be filed?

To be considered without a fee or statement, within three months of the filing date or before the mailing of a first Office action on the merits, whichever is later. Later windows require a 37 CFR 1.97(e) statement, a fee, or both.

What is an IDS in a patent application?

An information disclosure statement: a submission listing prior art and other information material to patentability, used to meet the duty of disclosure under 37 CFR 1.56.

Sources for this entry

USPTO — MPEP § 609 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

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Cite or share this entry

MPEP.net. “MPEP 609: Information Disclosure Statements (IDS).” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-609/