IDS preparation services assemble the information disclosure statement (IDS) that an applicant files at the United States Patent and Trademark Office (USPTO) to list prior art. The attorney sends the citation sources and the application details. The service returns a checked reference list, copies of the documents and a draft form ready for signature.
Outsourcing changes who assembles the IDS, not who answers for it. The duty of disclosure under 37 Code of Federal Regulations (CFR) 1.56 stays with the inventors, the attorney and others it covers. An IDS preparation service works from the attorney’s instructions. The rules are covered in the guide to information disclosure statement rules and fees.
What IDS preparation services cover
IDS preparation services collect references from each citing source, check them against what the application has already cited and build the list and copies that 37 CFR 1.98 requires. The work suits large families with frequent foreign search reports. There, a document can arrive under several numbers.
What to send to an IDS preparation service
A typical instruction package for an IDS preparation service contains:
- the US application number and its stage, such as after a final rejection or allowance;
- the references already cited in the application and in any parent application;
- new citation sources, such as foreign search reports, office actions and references known to the inventors;
- the date on which each foreign communication was issued;
- any English translations or abstracts already held;
- the entity size and the item count to date.
The dates matter. A statement under 37 CFR 1.97(e)(1) covers only items first cited in a counterpart foreign communication no more than 3 months before the IDS is filed.
How an outsourced IDS is prepared
Collecting references and checking copies
A specialist IDS preparation service compares each new document with the references of record, including those cited in a parent application. Family members and pre-grant publications of cited patents are flagged, as they are often listed twice. Each listing adds to the cumulative count behind the IDS size fee.
Copies come next. They are gathered for foreign patent documents and non-patent literature (NPL). Under 37 CFR 1.98, US patents and US patent application publications need no copies unless the Office asks for them. For each non-English item, the service drafts a concise explanation of relevance or finds an English abstract that can serve.
Matching the filing to its timing window
The table follows 37 CFR 1.97 for utility applications, with fees from the USPTO fee schedule. Every IDS, in every window, also needs the size fee assertion and any size fee due.
| When the IDS is filed | What must accompany it |
|---|---|
| Within 3 months of filing or national stage entry, or before the first action on the merits or the first action after a request for continued examination | Nothing further |
| Later, but before a final action, allowance or other closing action | A timing statement or the IDS fee |
| After a final action or allowance, on or before issue fee payment | Both the statement and the IDS fee |
The IDS fee is USD 280 for a large entity, USD 112 for a small entity and USD 56 for a micro entity, as checked in October 2026. After the issue fee is paid, the Quick Path Information Disclosure Statement (QPIDS) programme offers a further route.
What the finished IDS package contains
A completed package from IDS preparation services normally contains:
- the IDS form, with US documents listed separately from foreign documents and NPL;
- legible copies of the foreign documents and NPL, named to match the list;
- concise explanations of relevance for non-English items;
- a note of the timing window, the statement available and the fees payable;
- an updated item count and a cross-citation record for the family.
The following example is an invented illustration and does not describe a real project. A European search report on a counterpart application cites 6 documents, 2 of them already of record in the US case. The package lists the 4 new items and notes the report date.
What stays with the attorney
The attorney decides whether an item is cited, checks the list against the sources and signs the IDS and any timing statement.
Filing an IDS is not an admission that an item is material, under 37 CFR 1.97(h). However, an IDS that does not comply with 37 CFR 1.97 and 1.98 is placed in the file but not considered. The size fee should never decide what is disclosed.
Scoping outsourced IDS preparation services
The cost of IDS preparation services depends on the number of references and family members, the share of non-English documents and the deadline.
Our IDS preparation service returns each IDS with a cross-citation record and a timing note. To send a patent family for review, contact us.
This guide is general information and is not legal advice.
Frequently Asked Questions
What affects how long IDS preparation takes?
The main factors are the number of references, the share needing copies or explanations of relevance and the filing window. A single search report is quicker than a family with several counterparts. The 3-month periods in 37 CFR 1.97 usually set the real deadline.
Do US patents cited in an IDS need copies?
No, under 37 CFR 1.98 copies of US patents and US patent application publications are needed only if the Office asks for them. They are still listed in their own section, while foreign patent documents and NPL need legible copies.
Does a non-English reference need a full translation?
Not always, since each non-English item needs a concise explanation of relevance and an English abstract can serve. A translation must be filed only when one is in the possession, custody or control of, or readily available to, a person covered by the duty of disclosure.
Can an IDS be filed after a final rejection?
Yes, an IDS filed after a final action and on or before issue fee payment is considered with a 37 CFR 1.97(e) statement and the IDS fee. After that payment, QPIDS lets the examiner consider the IDS and issue a corrected notice of allowability where nothing requires reopening prosecution.
What is a cross-citation record in IDS work?
It is a table showing which references each member of a patent family has cited, where each came from and each application’s cumulative item count. It reveals missing counterpart citations and duplicates that would push an application past an IDS size fee threshold.