The IDS size fee is a United States Patent and Trademark Office (USPTO) fee based on how many items an application cites in its information disclosure statements (IDSs). It becomes due when that total passes 50, 100 or 200 under 37 CFR 1.17(v) of the Code of Federal Regulations (CFR). It applies to every IDS filed since 19 January 2025.
The fee follows a running count for the whole application, and the total never exceeds USD 800. Every IDS also needs a written statement about the fee, so an IDS preparation service keeps a count for each application.
What the IDS size fee is
Under 37 CFR 1.97(a), an IDS must be accompanied by any applicable size fee. The IDS timing fee under 37 CFR 1.17(p) is a separate charge that depends on when the IDS is filed, and one IDS can attract both. Content, timing and the duty of disclosure are covered in the guide to information disclosure statement rules and fees.
IDS size fee amounts in 2026
The amounts below are from the USPTO fee schedule, checked in October 2026.
| Tier | Cumulative item count | Amount payable |
|---|---|---|
| 37 CFR 1.17(v)(1) | 51–100 | USD 200 |
| 37 CFR 1.17(v)(2) | 101–200 | USD 500 less any size fee already paid |
| 37 CFR 1.17(v)(3) | More than 200 | USD 800 less any size fee already paid |
The same amounts apply to large, small and micro entities. The fee is paid with the IDS that crosses a threshold, and an IDS that stays within the same tier owes nothing further.
How the IDS item count works
The USPTO’s quick reference guide to the IDS sets out what counts:
- every item the applicant lists on an IDS, whether or not a copy is filed;
- every repeat listing of an item already cited, on the same IDS or a later one.
These do not count:
- items placed in the file by third parties or by the Office;
- items cited in a parent application, unless they are listed again;
- the second listing of an item that was refused as non-compliant and then resubmitted.
The count runs from filing to issue. A request for continued examination (RCE) does not reset it, but a continuing application (a continuation, divisional or continuation-in-part) or a reissue starts again at zero.
The size fee assertion
37 CFR 1.98(a)(4) requires every IDS to carry a clear written assertion that the applicable size fee is enclosed or that none is required. Form PTO/SB/08c and the Patent Center version of PTO/SB/08 include such wording.
A general authorisation to charge a deposit account is not an assertion. An IDS without one is placed in the file but not considered.
IDS size fee worked examples
The three examples below are invented illustrations and do not describe a real project, with fees as checked in October 2026.
Example 1: several filings crossing tiers
| IDS | Items added | Running count | Size fee due |
|---|---|---|---|
| 1 | 45 | 45 | None |
| 2 | 20 | 65 | USD 200 |
| 3 | 40 | 105 | USD 300 (USD 500 less USD 200) |
| 4 | 100 | 205 | USD 300 (USD 800 less USD 500) |
Having paid the USD 800 maximum, the application owes no further size fee, but each later IDS still needs the assertion.
Example 2: duplicates that trigger a fee
An application has 48 items of record when a foreign search report cites 4 documents, 2 of them already on the US file. Listing all 4 takes the count to 52 and costs USD 200. Listing only the 2 new documents keeps the count at 50, with no fee.
Example 3: size fee and timing fee together
After a final Office action, a large entity that paid USD 200 in size fees earlier files an IDS with a timing statement. The count moves from 95 to 110, so it owes the USD 280 timing fee and a USD 300 size fee, USD 580 in total.
Where IDS counts go wrong in a patent family
A common source of avoidable size fees is duplicates rather than new art. A pre-grant publication and the patent granted from it are cited separately, so listing both will normally add 2 items. Search reports from different offices also often cite one document under several family numbers.
A cross-citation record kept by an IDS preparation team shows what each family member has cited and how close it is to the next threshold. However, the threshold should not decide what is disclosed. The duty of disclosure under 37 CFR 1.56 applies whatever the fee, including to documents found in a prior art search.
Managing the IDS size fee across a portfolio
We prepare IDSs with cumulative item counts and family cross-citation checks, so each IDS size fee assertion is correct before filing. To discuss a family, see our IDS preparation service or contact us.
This guide is general information and is not legal advice.
Frequently Asked Questions
Does the IDS size fee apply to small entities?
Yes, at the full amount. The USPTO fee schedule lists the same USD 200, USD 500 and USD 800 figures for every entity size. The IDS timing fee is different, as it falls to USD 112 for small entities and USD 56 for micro entities.
Is the IDS size fee charged per IDS or per application?
Per application. The count is cumulative from filing to issue, and only the IDS that crosses a threshold pays. Fees already paid are deducted at the higher tiers, so a single application pays no more than USD 800 in size fees.
When was the IDS size fee introduced?
The IDS size fee took effect on 19 January 2025 under the USPTO fee rule for fiscal year 2025. Applications filed earlier keep the items they had already cited, so a later IDS can cross a threshold and owe the fee.
Do US patents count towards the IDS size fee if no copy is filed?
Yes. An item counts when it is cited on the IDS list, and copies are not needed for US patents or published US applications. A US patent listed without a copy therefore adds 1 item to the count, like any foreign document.
Does an RCE reset the IDS item count?
No. A request for continued examination keeps the existing count, so items cited before the RCE still count. A continuing application or a reissue starts a new count at zero, and items from the parent count only if they are listed again.