New USPTO Requirements And Fees For IDS Practice

Effective as of January 19, 2025, the United States Patent and Trademark Office (USPTO) implemented new requirements and size fees for filing Information Disclosure Statements (IDSs). The new size fees seek to account for the costs associated with the services necessary for reviewing applicant-cited references in pending patent applications.

New Fee Structure for IDS Practice

• Fees are Based on the Cumulative Number of References: A new IDS size fee has been implemented that is incurred when an IDS is filed resulting in the cumulative number of applicant-cited references in a pending patent application exceeding a threshold. The new IDS size fee is required regardless of when the applicant-cited references were provided to the USPTO.