[Patentpractice] questions about new 'IDS size fee'

[Andrea R. Jacobson]

If you were already over 200 before the new IDS rules went into effect, you don’t owe the fee for an additional request.  You submit a request for refund, but I don’t think they’ll just unilaterally refund it.

https://www.uspto.gov/sites/default/files/documents/quick-reference-guide-to-the-information-disclosure-statement-ids.pdf

[cid:image001.png at 01DB8DC1.0DD2B980]

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Timothy Snowden via Patentpractice
Sent: Wednesday, March 5, 2025 11:06 AM
To: patentpractice at oppedahl-lists.com
Cc: Timothy Snowden <tdsnowden at outlook.com>
Subject: Re: [Patentpractice] questions about new 'IDS size fee'


Not sure about refunding. But my understanding (don't have time to go look) is that the rule says that you pay for an IDS that causes the references to exceed a cumulative count. If that is correct, then if you already exceed 200, no fee should be due. Assuming that, I would guess they would be required to give you a refund.
On 3/5/2025 9:58 AM, William Ahmed via Patentpractice wrote:
Dear List,
We have an application for which over 200 references were IDSed between it's 2023 filing date and Dec 31, 2024.

Question A --> If a new IDS is filed now, with 10 fresh references, does the USPTO require payment of the 'IDS size fee'? [i.e. the large number of refs were filed pre-Jan 19, 2025]

UPDATE -- we filed the IDS and paid the size-fee

Question B --> If the IDS size fee was NOT required [see Question A] and our IDS included the 'size-declaration' [along with the fee], will the USPTO refund the $800?

Many thanks,
Bill


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